Title 17 — ZONING

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Title 17 - ZONING

Chapters:

Chapter 17.02 - GENERAL PROVISIONS

Sections:

This title shall be known as, and may be cited and referred to, as the "Zoning Code of the City of Rocklin."

(Ord. 336 § 1.01.000, 1977).

This title applies to the incorporated area of the city and any unincorporated area of the county which has been prezoned pursuant to the Government Code of the state.

(Ord. 336 § 1.01.010, 1977).

The purpose of this title is to:

A.

Regulate the use of buildings, structures and land as between agriculture, industry, business, residential use, and open space, including agriculture, recreation, enjoyment of scenic beauty and use of natural resources, and other purposes;

B.

Regulate the location, height, bulk, number of stories, and size of buildings and structures;

C.

Regulate the size and use of lots, setbacks, courts and other open spaces;

D.

Regulate the percentage of a lot which may be occupied by a building or structure;

E.

Regulate the intensity of land use;

F.

Establish requirements for off-street parking and loading;

G.

Divide the city into zoning districts of such number, shape and area as may be deemed best suited to carry out the purposes of this title;

H.

To provide for the enforcement of the regulations of this title.

The purposes set forth above are deemed necessary in order to encourage the most appropriate use of land; to conserve, protect and stabilize the value of property; to provide adequate open spaces for light and air; to prevent undue concentration of population; to lessen congestion on the streets; to provide adequate provisions for community utilities; and to promote the public health, safety, and general welfare. It is a further purpose of this title to implement the general plan of the city.

(Ord. 336 § 1.01.020, 1977).

17.02.040 - Amendments and additions—Incorporation.

Whenever reference is made to any portion of this title, the reference applies to this title as adopted and any amendments or additions hereafter made.

(Ord. 336 § 1.01.030, 1977).

17.02.050 - Minimal character of regulations—Uniform applicability.

The regulations set forth in this title within each zone shall be minimum regulations and shall be uniform for each class or kind of building, structure or use of land throughout the zone.

(Ord. 336 § 1.01.040, 1977).

When not inconsistent with the context:

A.

Words in the masculine gender include the feminine gender and the neuter gender.

B.

Words in the singular include the plural.

C.

The present tense includes the future.

D.

"May" is permissive, "shall" is mandatory.

(Ord. 336 § 11.01.000, 1977).

17.02.070 - Undefined words or phrases.

When a word or phrase used in this title is not defined in Chapter 17.04, such word or phrase shall be defined as follows:

A.

If the word or phrase has a dictionary definition, then such definition shall be used, unless the use of such definition would lead to an unreasonable result.

B.

If no dictionary definition exists, then the word or phrase shall be defined as set forth in any generally recognized treatise or authority on zoning or planning.

C.

If there is neither a dictionary definition, nor a definition in a generally recognized treatise or authority, then the word or phrase shall be defined according to its general usage and understanding in the community.

(Ord. 336 § 11.03.000, 1977).

17.02.080 - Public hearings and noticing.

Notice of public hearings which are required by Titles 16 and 17 of the Rocklin Municipal Code, to be noticed pursuant to this section, shall be implemented consistent with the following requirements:

A.

Pursuant to Section 65091 of the California Government Code, not less than ten days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed herein. The notice shall state the date, time, and place of the hearing, identify the hearing body, provide a general explanation of the matter to be considered, and provide a general description of the real property, if any, which is the subject of the hearing.

B.

Notice of the public hearing shall be mailed to the owners of nearby property as required by California Planning and Zoning Law except that the noticing area shall be expanded to a radius of six hundred feet of the exterior boundaries of the property involved in the application, using for this purpose the last known

name and address of such owners as shown upon the current tax assessor's records. The noticing information shall be current within six months of the hearing date.

1.

In addition to the requirements stated above, a minimum of forty parcels shall be notified. If this minimum standard is not met with a six-hundred-foot noticing radius, the notification radius shall be increased in fifty-foot increments until a list of at least forty parcels is compiled.

(Ord. No. 1072, § 3, 6-13-2017)

Chapter 17.04 - DEFINITIONS

Sections:

"Accessory building" means a building subordinate to the main building on the same lot, the use of which is incidental to the primary use of such main building. It includes barns, stables and similar facilities intended for horses and other large quadrupeds in residential zones where the keeping of such animals is permitted.

(Ord. 336 § 11.02.000, 1977).

17.04.015 - Accessory dwelling unit.

"Accessory dwelling unit" means an attached or detached residential dwelling unit that provides complete, independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single family or multifamily dwelling is or will be situated. An accessory dwelling unit includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code or a manufactured home as defined in Section 18007 of the Health and Safety Code. A "secondary dwelling unit" is an accessory dwelling unit. See also Section 17.04.275, Junior accessory dwelling unit.

(Ord. No. 1124, § 3, 3-10-2020)

17.04.020 - Animal hospital.

"Animal hospital" means a facility for the care and treatment of animals, including associated veterinary offices.

(Ord. 336 § 11.02.190, 1977).

17.04.030 - Apartment.

"Apartment" means a multiple-family structure intended for the lease or rental of individual dwelling units.

(Ord. 336 § 11.02.010, 1977).

17.04.031 - Assisted living facility.

"Assisted living facility" means a type of community care facility that is maintained and operated to provide residents assistance with the personal activities of daily living (including dressing, feeding, toileting, bathing, grooming, mobility, and associated tasks); coordination of services by outside health care providers; monitoring of resident activities to help to ensure their health, safety, and well-being; and may include the administration or supervision of medication, or personal care services by a trained staff person. Housing types at an assisted living facility may range from a shared room to an individual apartment.

(Ord. No. 977, Exh. B, B1., 10-11-2011)

17.04.032 - Auto body and paint shop.

"Auto body and paint shop" means a business engaged in the repair and/or painting of automobile bodies.

(Ord. 650 § 1, 1991).

17.04.033 - Automotive dealership.

"Automotive dealership" means a retail and service business that offers the sale, lease, purchase, repair and service of new and used: automobiles, sport utility vehicles and light trucks (not to exceed one ton). An automotive dealership may include the following features and operations incidental to the retail activities: indoor and outdoor display areas for promotion of sales of new and used automobiles, sport utility vehicles, and light trucks; vehicle rentals; offices; bays for service and repairs; areas for cleaning and detailing; parking; sales of auto parts and accessories; other areas including customer waiting facilities, kitchen/food service and employee break areas.

(Ord. 840 § 1, 2001)

17.04.034 - Automobile repair shop (heavy).

"Automobile repair shop (heavy)" means a place of business engaged primarily in heavy repair of vehicle parts involving milling, grinding and welding, steam cleaning engines, or radiator repair (i.e., coring and routing) and part replacement or maintenance (automobile repair (light)). Auto body repair and painting are not included in this definition.

(Ord. 650 § 2, 1991).

17.04.036 - Automobile repair shop (light).

"Automobile repair shop (light)" means a business engaged primarily in maintenance and light repair of automobile vehicles including but not limited to oil changes, lubrication, tire repair and sales, smog checking, muffler replacement, transmission repair, brake shops, tune-up shops, auto glass replacement, and radiator shops (maintenance and replacement only). These uses involve maintenance and part replacement only. Auto body repair and painting are not included in this definition.

(Ord. 650 § 3, 1991).

17.04.038 - Automobile service station.

"Automobile service station" means a retail and service business engaged primarily in the servicing of motor vehicles. Servicing includes sale of motor fuels and oils and light automobile repair. Servicing shall not include auto body repair and painting or heavy automobile repair.

(Ord. 650 § 4, 1991).

17.04.040 - Boardinghouse.

"Boardinghouse" means a structure in a residential zone wherein three or more individual rooms or suits of rooms with shared facilities such as kitchen, laundry, and bathrooms are rented or leased by the week, month, or year on a separate basis and one or more meals per day are provided to persons residing therein for compensation.

(Ord. 336 § 11.02.210, 1977).

(Ord. No. 977, Exh. B, B2., 10-11-2011)

17.04.050 - Building.

"Building" means as defined in the Uniform Building Code.

(Ord. 336 § 11.02.020, 1977).

17.04.055 - Church.

See Section 17.04.417—Places of assembly for community services.

(Ord. No. 977, Exh. B, B4., 10-11-2011)

17.04.060 - Clubhouse.

"Clubhouse" means a facility providing athletic activities, with related equipment, or support space (lockers, shower, supply store, etc.) for outside athletic activities, or both.

(Ord. 336 § 11.02.220, 1977).

17.04.070 - Commercial cluster complex.

"Commercial cluster complex" means two or more buildings for commercial use constructed on one parcel.

(Ord. 362: Ord. 336 § 11.02.051, 1977).

17.04.075 - Commercial modular.

"Commercial modular" means as defined in the California Health and Safety Code § 18001.8, a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and includes a trailer coach as defined in Section 635 of the Vehicle Code. "Commercial coach" has the same meaning as "commercial modular".

(Ord. No. 977, Exh. A, A4., 10-11-2011)

"Community care facility" means any state licensed facility as defined in the California Health and Safety Code § 1502 and as may be amended which is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children and/or adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. The regulation of many of the uses included in this category is preempted by state law.

(Ord. 336 § 11.02.050, 1977).

(Ord. No. 977, Exh. B, B3., 10-11-2011)

17.04.082 - Commercial parking lot.

"Commercial parking lot" means a garage or an indoor or outdoor parking lot or storage area that is operated as or in conjunction with a commercial enterprise and is used primarily for the parking and/or storage of motorized vehicles. Off street parking as required under Rocklin Municipal Code Chapter 17.66 shall not be deemed a commercial parking lot.

(Ord. 840 § 2, 2001)

17.04.090 - Conditional use permit, use permit.

"Conditional use permit" and "use permit" mean a discretionary permit authorizing a particular land use in a zone where such use is permitted only by the issuance of the permit, and not as a matter of right.

(Ord. 336 § 11.02.060, 1977).

17.04.100 - Condominium.

"Condominium" means as defined by Section 783 of the Civil Code.

(Ord. 336 § 11.02.070, 1977).

17.04.105 - Congregate living health facility.

"Congregate living health facility" means a facility as defined in California Health and Safety Code 1250(i) that provides inpatient care, including the following basic services: medical supervision, twenty-four-hour skilled nursing and supportive care, pharmacy, dietary, social, recreational, and other special services for residents that require the availability of skilled nursing care on a recurring, intermittent, extended, or continuous basis in a non-institutional, homelike environment.

(Ord. No. 977, Exh. B, B5., 10-11-2011)

Editor's note— Ord. No. 977, Exh. B, B5., adopted Oct. 11, 2011, set out provisions intended for use as 17.04.080. For purposes of classification and to preserve the style of this Code, and at the editor's discretion, these provisions have been included as 17.04.105.

17.04.110 - Convalescent hospital.

"Convalescent hospital" means the same as a "skilled nursing facility" as defined in the California Health and Safety Code § 1250(c), generally a place of residence for people with physical or mental disabilities who require constant nursing care and have significant deficiencies with activities of daily living. Residents may also receive physical, occupational, and other rehabilitative therapies. These types of facilities also include rest home, nursing home, long-term care facility, rest home, nursing home, and skilled nursing facility. For the purpose of this code convalescent hospitals are treated the same a "Hospitals".

(Ord. 336 § 11.02.080, 1977).

(Ord. No. 977, Exh. B, B6., 10-11-2011)

"Convenience store" means small retail food and variety store having no more than three thousand square feet of floor area. This store may include gasoline sales pumps. A convenience store shall not include any automotive repair services or other full service gasoline station facilities or services.

(Ord. 613 § 2, 1989: Ord. 368: Ord. 336 § 11.02.081, 1977).

"Day care center" means a state-licensed facility as defined in California Health and Safety Code § 1597.750 (Child day care facility), 1596.76 (Day care center), and 1596.78 (Family day care home). Generally described as facilities that provide non-medical care to children under eighteen years of age, in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour-a-day basis. The regulation of this use has largely been preempted by the state.

(Ord. 336 § 11.02.090, 1977).

(Ord. No. 977, Exh. B, B7., 10-11-2011)

A "development agreement" shall be an agreement adopted pursuant to Government Code Section 65865 and Chapter 17.92.

(Ord. 476 § 2, 1982: Ord. 336 § 11.02.039, 1977).

"Domestic swine" means an animal of the order Ungulata adapted to life in intimate association with people and able to live and breed in a tame condition. A domestic swine is further described as being no more than eighteen inches at the shoulder, and weighing no more than ninety-five pounds.

(Ord. 663 § 1, 1992).

"Duplex" means a building designed for occupancy by two families in separate dwelling units.

(Ord. 336 § 11.02.100, 1977).

"Dwelling unit" means as defined by the Uniform Building Code.

(Ord. 336 § 11.02.110, 1977).

"Emergency residential shelter" means a building, structure or group of structures under single management that provide twenty-four-hour short-term emergency shelter for homeless individuals and/or families. Such facilities provide basic necessities such as access to meals, hygiene facilities, clean linen and other basic human needs associated with the provision of shelter. In addition, these facilities may provide supplemental on-site services such as, but not limited to, an activities center, daycare for resident children, and vocational rehabilitation.

(Ord. No. 977, Exh. A, A2., 10-11-2011)

17.04.155 - Exercise, athletic club or figure salon.

"Exercise club," "athletic club" or "figure salon" means a facility which provides fitness services and facilities, including, but not limited to, weight rooms, sauna baths, whirlpool baths and exercise equipment. Massages may be offered incidental to such a facility, but a facility where massages are the primary services offered is not an exercise club, athletic club or figure salon.

(Ord. 463 § 3, 1982: Ord. 336 § 11.02.115, 1977).

"Factory-built housing" means as defined in the California Health and Safety Code § 19971, a residential building, dwelling unit, or an individual dwelling room or combination of rooms thereof, or building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage, or destruction of the part, including units designed for use as part of an institution for resident or patient care, that is either wholly manufactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled onsite in accordance with building standards published in the California Building Standards Code. Factory-built housing does not include a mobile home, a recreational vehicle, or a commercial modular.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

Editor's note— Ord. No. 977, Exh. A, A3, adopted Oct. 11, 2011, deleted § 17.04.160, which pertained to family and derived from Ord. 336, § 11.02.120, 1977.

"Front setback" means the distance between the main building and the street right-of-way line measured across full width of the lot, and the area therein.

(Ord. 336 § 11.02.440, 1977).

17.04.180 - Garage.

"Garage" means a fully enclosed structure, either attached to or detached from another structure, designed to house automobiles or other motor vehicles.

(Ord. 336 § 11.02.130, 1977).

17.04.185 - Gasoline station.

"Gasoline station" means a retail and service business engaged primarily in the sale of motor fuels and oils. No service bays, automobile repair, or installation of automobile parts shall be allowed in a gasoline station.

(Ord. 650 § 5, 1991).

17.04.190 - General development plan.

"General development plan" means the plan for a planned development adopted pursuant to the provisions of Chapter 17.60.

(Ord. 336 § 11.02.150, 1977).

17.04.200 - General plan.

"General plan" means the general plan of the city, and its several elements, as adopted pursuant to the Government Code.

(Ord. 336 § 11.02.140, 1977).

17.04.205 - Gross floor area.

"Gross floor area" means the total number of square feet of actual floor, stair, loft, and mezzanine area included within the outside face of the exterior building walls of all floors of a structure.

(Ord. 917 § 2, 2007).

17.04.210 - Height.

"Height" means the vertical measurement of buildings or structures determined as provided by the Uniform Building Code.

(Ord. 336 § 11.02.160, 1977).

17.04.220 - Reserved.

Editor's note— Ord. No. 977, Exh. B, B19, adopted Oct. 11, 2011, deleted § 17.04.220, which pertained to § 5116 home and derived from Ord. 336, § 11.02.580, 1977.

"Home business" means a business conducted wholly within a dwelling unit in a residential zone pursuant to specified conditions.

(Ord. 336 § 11.02.170, 1977).

17.04.240 - Hospital.

"Hospital" means a health facility that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness and provides twenty-four-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services as defined in the California Health and Safety Code, Section 1250(a).

(Ord. 336 § 11.02.180, 1977).

(Ord. No. 977, Exh. B, B9., 10-11-2011)

17.04.250 - Hotel.

"Hotel" means any building or portion thereof containing rooms or suites of rooms, with or without cooking facilities, accessed via interior hallways and common exterior entries intended for overnight or shortterm rental to travelers and business persons. In addition to lodging, hotels may provide a variety of services and facilities such as restaurants, coffee shops, meeting facilities, personal services, accessory retail uses, and accessory guest facilities such as swimming pools, tennis courts, athletic facilities, etc.

(Ord. 336 § 11.02.200, 1977).

(Ord. No. 977, Exh. B, B10., 10-11-2011)

17.04.260 - Industrial cluster complex.

"Industrial cluster complex" means two or more buildings for industrial use on one parcel.

(Ord. 362: Ord. 336 § 11.02.231, 1977).

17.04.270 - Interior side setback.

"Interior side setback" means the distance between the side of main building and the property line measured across full depth of the lot, and the area therein.

(Ord. 336 § 11.02.450, 1977).

17.04.275 - Junior accessory dwelling unit.

"Junior accessory dwelling unit" means a unit that is no more than five hundred square feet in size, includes an efficiency kitchen consistent with building code standards, is contained entirely within the walls of a single-family residence or multi-family building, and may include separate sanitation facilities or may share sanitation facilities with the existing structure or unit. See also Section 17.04.015, Accessory dwelling unit.

(Ord. No. 1124, § 4, 3-10-2020)

17.04.280 - Junkyard.

"Junkyard" means an outdoor facility where scrap materials are deposited and/or stored.

(Ord. 336 § 11.02.240, 1977).

17.04.290 - Kennel.

"Kennel" is a commercial or non-commercial facility for the grooming, keeping, boarding or maintaining of four or more dogs, cats, and/or other animals commonly considered as household pets over the age of four months. A business that provides grooming services only with no boarding is classified as "personal services establishment." Pet stores are classified as retail establishments. Veterinary offices, clinics, and hospitals are not included within the definition of a kennel.

(Ord. 336 § 11.02.250, 1977).

(Ord. No. 953, § 2, 9-8-2009; Ord. No. 1084, § 5, 11-14-2017)

17.04.300 - Lodge.

See Section 17.04.417—Places of assembly for community services.

(Ord. 336 § 11.02.260, 1977).

(Ord. No. 977, Exh. B, B11., 10-11-2011)

17.04.310 - Lot.

"Lot" means as defined in Chapter 16.04.

(Ord. 336 § 11.02.270, 1977).

17.04.320 - Lot area, lot size.

"Lot area" and "lot size" mean as defined in Chapter 16.04.

(Ord. 336 § 11.02.280, 1977).

17.04.330 - Lot depth.

"Lot depth" means as defined in Chapter 16.04.

(Ord. 336 § 11.02.290, 1977).

17.04.340 - Lot width.

"Lot width" means as defined in Chapter 16.04.

(Ord. 336 § 11.02.300, 1977).

17.04.345 - Massage parlor.

"Massage parlor" means a building or portion thereof or a place where massage is administered for compensation or from which a massage business or service for compensation is operated; provided, however, that an exercise club, athletic club or figure salon is not a massage parlor. As used herein, "massage" means the manipulation of human body tissues for remedial or hygienic purposes by rubbing, touching, stroking, tapping, kneading or vibrating with the hands or with the aid of any mechanical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice. Massage administered in a medical office, hospital complex, or medical care facility as an incidental service shall not be deemed to render such office, complex or facility a massage parlor within the meaning of this section.

(Ord. 463 § 4, 1982: Ord. 336 § 11.02.305, 1977).

Editor's note— Ord. No. 1099, § 3, adopted June 26, 2018, repealed former § 17.04.348 which pertained to medical marijuana dispensary, and derived from Ord. 890, § 2, adopted in 2004; Ord. 891, § 1, adopted in 2004; Ord. 889, § 2, adopted in 2004.

"Minimum lot size" means the minimum net square footage required for a lot in a particular zone.

(Ord. 336 § 11.02.310, 1977).

"Ministorage" means facilities intended for rental or lease to individuals and/or small businesses for storage of personal effects or business equipment or inventory. "Ministorage" may include outdoor storage of recreational vehicles, trailers, motor homes, and boats. May include caretaker's living quarters not to exceed six hundred square feet.

(Ord. 336 § 11.02.311, 1977).

"Mobile home/manufactured home." Generally, a structure that is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected onsite, is three hundred twenty or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Mobile home" as defined in California Health and Safety Code § 18008, is the name applied to such a structure that was constructed prior to June 15, 1976 does not include a commercial modular, factory-built housing, a manufactured home, a multifamily manufactured home, or a recreational vehicle. "Manufactured home" as defined in California Health and Safety Code § 18007, is the name applied to such a structure that was constructed on or after June 15, 1976.

(Ord. 457 § 6, 1981: Ord. 336 § 11.02.325, 1977).

(Ord. No. 977, Exh. A, A4., 10-11-2011)

17.04.370 - Mobile home park, manufactured housing community.

"Mobile home park and manufactured housing community" mean as defined in the California Health and Safety Code § 18210.7 and 18214, any area or tract of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes, mobile homes, or recreational vehicles used for human habitation.

(Ord. 336 § 11.02.320, 1977).

(Ord. No. 977, Exh. A, A4., 10-11-2011)

17.04.375 - Mobile pushcart vending facility.

"Mobile pushcart vending facility" means any nonmotorized cart or wagon not firmly fixed to a permanent foundation and designed solely for the sale of a product (e.g., food, flowers, periodicals, novelties, etc.) on improved private property.

(Ord. 674 § 1, 1993).

17.04.380 - Motel.

"Motel" means any building or portion thereof containing rooms or suites of rooms each accessed via a separate outside entrance, with or without cooking facilities, intended for overnight or short term rental to travelers and business persons.

(Ord. 336 § 11.02.330, 1977).

(Ord. No. 977, Exh. B, B12., 10-11-2011)

17.04.390 - Multiple-family structure.

"Multiple-family structure" means a building designed for occupancy by more than four families in separate dwelling units.

(Ord. 336 § 11.02.340, 1977).

17.04.395 - Net floor area.

"Net floor area" means the total number of square feet of actual floor area, excluding vents, shafts, stairs, corridors, attics, and unenclosed porches and balconies included within the inside face of the exterior building walls of all floors of a structure.

(Ord. 917 § 3, 2007).

17.04.400 - Nonconforming use.

"Nonconforming use" means a use which, though lawful when commenced, is now unlawful due to change in the regulations concerning the use.

(Ord. 336 § 11.02.350, 1977).

"Open space" means as defined by subsection (b) of Section 65560 of the Government Code.

(Ord. 336 § 11.02.360, 1977).

17.04.415 - Parking space.

"Parking space" means any space set aside for parking of automobiles, and may be a garage space, covered space, or uncovered space. Uncovered spaces may or may not be tandem.

(Ord. 643 § 1, 1991).

17.04.417 - Places of assembly for community services.

"Places of assembly for community services" means a facility to accommodate the meetings and related functions of civic, fraternal, religious, and/or charitable nonprofit organizations.

(Ord. No. 977, Exh. B, B13., 10-11-2011)

"Planned unit development" means the development of a sizable tract of land, pursuant to approved general and specific plans, wherein traditional use requirements may be altered or waived to facilitate clustering, preserve open space, introduce new concepts in design and construction, and produce an integrated and harmonious project. "Planned unit development" may be residential, commercial, industrial or a combination thereof.

(Ord. 336 § 11.02.370, 1977).

17.04.430 - Planner, city planner, planning director.

"Planner," "city planner" and "planning director" mean the planning director of the city or his authorized representative.

(Ord. 336 § 11.02.040, 1977).

17.04.440 - Planning commission, commission.

"Planning commission" and "commission" mean the planning commission of the city.

(Ord. 336 § 11.02.380, 1977).

17.04.450 - Planning department.

"Planning department" means the planning department of the city, of which the city planner is head.

(Ord. 336 § 11.02.390, 1977).

17.04.455 - Principal residential unit.

"Principal residential unit" means the primary or predominant residential unit on a lot.

(Ord. 881 § 1, 2004).

17.04.460 - Professional offices.

"Professional offices" means offices for doctors, lawyers, dentists, accountants and similar occupations where the clientele seeks the services of the office proprietor as opposed to the purchase of a product.

(Ord. 336 § 11.02.400, 1977).

"Rear setback" means the distance between the rear of the main building and the property line measured across full width of the lot, and the area therein.

(Ord. 336 § 11.02.460, 1977).

17.04.480 - Residential facility.

"Residential facility" means any of several types of state-licensed facilities which are maintained and operated to provide twenty-four-hour nonmedical residential care to children and/or adults in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family home, group care facility, or other facility. (See California Health and Safety Code § 1502(a)(1) and 1569. 2(K)(1)).

(Ord. 336 § 11.02.410, 1977).

(Ord. No. 977, Exh. B, B14., 10-11-2011)

17.04.490 - Rest home, nursing home.

"Rest home" and "nursing home" mean the same as a "skilled nursing facility" as defined in the California Health and Safety Code § 1250(c), generally a place of residence for people with physical or mental disabilities who require constant nursing care and have significant deficiencies with activities of daily living. Residents may also receive physical, occupational, and other rehabilitative therapies. These types of facilities also include convalescent hospital. For the purpose of this code rest homes and nursing homes are treated the same a "Hospitals".

(Ord. 336 § 11.02.420, 1977).

(Ord. No. 977, Exh. B, B15., 10-11-2011)

17.04.500 - Rezoning.

"Rezoning" means changing the zone from one classification to another.

(Ord. 336 § 11.02.430, 1977).

17.04.510 - Roominghouse.

"Roominghouse" means a dwelling, other than a hotel, motel, residential community care or single room occupancy facility as herein defined, where lodging only is provided for three or more unrelated persons for compensation.

(Ord. 336 § 11.02.230, 1977).

(Ord. No. 977, Exh. B, B17., 10-11-2011)

17.04.511 - Schools, private elementary and secondary.

"Schools, private elementary and secondary," means private elementary and secondary schools, charter schools established under the authority of Government Code et seq. and religious schools.

(Ord. 813 § 1 (part), 1999).

17.04.512 - Schools, public elementary and secondary.

"Schools, public elementary and secondary," means public elementary, middle, junior high and high schools serving grades K—12, excluding charter schools established under the authority of Government Code 47600 et seq.

(Ord. 813 § 1 (part), 1999).

17.04.513 - Schools, college and university.

"Schools, college and university," means community colleges, colleges, universities and professional schools granting associate degrees, certificates, undergraduate and graduate degrees and requiring for admission at least a high school diploma or equivalent general academic training.

(Ord. 813 § 1 (part), 1999).

17.04.514 - Schools, specialized education and training.

"Schools, specialized education and training," means and includes business, secretarial schools and vocational schools offering specialized trade and commercial courses.

(Ord. 813 § 1 (part), 1999).

17.04.515 - Secondary residential unit.

"Secondary residential unit" has the same meaning as "accessory dwelling unit." See Section 17.04.015, Accessory dwelling unit.

(Ord. 881 § 2, 2004: Ord. 544 § 1, 1986: Ord. 514 § 1, 1984).

(Ord. No. 1124, § 5, 3-10-2020)

17.04.520 - Shopping center.

"Shopping center" means a retail commercial facility of one or more buildings designed for occupancy by two or more businesses, occupying not less than five gross acres, with parking facilities common to all businesses.

(Ord. 336 § 11.02.471, 1977).

17.04.525 - Single room occupancy facility (SRO facility).

"Single room occupancy facility (SRO facility)" means a property containing two or more single room occupancy (SRO) rooms. All SRO facilities shall be provided in accordance with Section 17.64.060, Single room occupancy (SRO) facilities.

(Ord. No. 977, Exh. A, A7., 10-11-2011)

"Single room occupancy room (SRO room)" means a one room living space intended for occupancy by not more than two persons as a place of permanent residence that is provided with individual or shared sanitary and bathing facilities and may or may not include individual or shared, full or partial, kitchen facilities.

(Ord. No. 977, Exh. A, A7., 10-11-2011)

17.04.530 - Site development plan.

"Site development plan" means a drawing to scale, showing proposed or existing use or property, including location and orientation of building, parking, ingress and egress, fences, landscaping, signs and necessary additional information.

(Ord. 336 § 11.02.480, 1977).

17.04.535 - Special event.

"Special event" means any temporary, organized activity conducted outdoors on private property. Special event uses are divided into two categories: "special event—administrative review," and "special event—city council review."

(Ord. 688 § 1, 1993).

17.04.540 - Specific development plan.

"Specific development plan" means a plan for a specified portion of a planned development adopted pursuant to the provisions of Sections 17.60.100, et seq.

(Ord. 336 § 11.02.500, 1977).

17.04.550 - Specific plan.

"Specific plan" means a plan as defined and adopted pursuant to the Government Code.

(Ord. 336 § 11.04.490, 1977).

17.04.560 - Street right-of-way.

"Street right-of-way" means an existing or proposed dimension of any public thoroughfares as set forth in the general plan or any specific plan.

(Ord. 336 § 11.02.510, 1977).

"Street side setback" means, on corner lot, the distance between the street right-of-way line and the side of main building, measured across the full depth of the lot, and the area therein.

(Ord. 336 § 11.02.470, 1977).

17.04.580 - Structure.

"Structure" means as defined in the Uniform Building Code.

(Ord. 336 § 11.02.520, 1977).

17.04.585 - Supportive housing.

"Supportive housing" means housing with no limit on length of stay that is linked to onsite or offsite services that assist the resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and work in the community, as defined in California Health and Safety Code § 50675.14(b)(2) and (3). Examples of population groups that different supportive housing facilities may be targeted toward include persons with low incomes having one or more disabilities such as mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, individuals with developmental disabilities, emancipated youth, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people or families. Supportive housing is considered a residential use and only subject to those restrictions that apply to other residential uses in the same zone.

(Ord. No. 977, Exh. A, A8., 10-11-2011)

17.04.590 - Townhouse.

"Townhouse" includes row house and cluster house.

(Ord. 336 § 11.02.530, 1977).

17.04.592 - Transitional housing.

"Transitional housing" means a facility that provides housing and support services exclusively designated and targeted for recently homeless persons and families that is intended to assist them in obtaining a stable income and permanent housing. Occupancy of such a facility is limited to between six months and twenty-four months. Support services provided may include meals, child care, counseling, vocational rehabilitation and other similar services (California Health and Safety Code Sections 50801 (i) and 50675.2. (h)). Transitional housing is considered a residential use and only subject to those restrictions that apply to other residential uses in the same zone.

(Ord. No. 977, Exh. A, A9., 10-11-2011)

"Triangular visibility area" means the area at any corner formed by the intersection of two or more public streets. This area is further defined as being between the street right-of-way lines and a diagonal line joining points on the right-of-way lines forty feet from the point of their intersection, or, in the case of rounded corners, the triangular area between the tangents to the curve of a diagonal line joining points on the tangent forty feet from the point of their intersection. The tangents referred to are those at the beginning and the end of the curve at the corner. In the case of intersecting private streets or intersecting public and private streets the triangular area shall be formed by the edge of the private street or alley, the street rightof-way line forty feet from the edge of the driveway or alley and the other of which is on the edge of the private street or alley twelve and one-half feet back of the right-of-way line measured perpendicular to the right-of-way line in a direction away from the street.

(Ord. 674 § 2, 1993).

17.04.600 - Triplex.

"Triplex" means a building designed for occupancy by three families in separate dwelling units.

(Ord. 336 § 11.02.540, 1977).

17.04.610 - Use, land use.

"Use" and "land use" mean the manner in which property may be used as permitted by the terms of this title.

(Ord. 336 § 11.02.550, 1977).

17.04.620 - Variance.

"Variance" means a permitted exemption from a requirement imposed upon a use, granted because of peculiarities associated with the property on which the use is located, but not for financial hardship or personal convenience.

(Ord. 336 § 11.02.560, 1977).

"Veterinary clinic" means a facility for the care and medical treatment of household pets, and may include short term boarding, only within the building, for medical and non-medical purposes. Veterinary facilities operating prior to the effective date of this definition may board animals as noted above regardless of any prohibition to such use in their conditional use permit, if any.

(Ord. 664 § 1, 1992).

(Ord. No. 1084, § 6, 11-14-2017)

17.04.630 - Zone.

"Zone" means a classification applied to property which prescribes the uses to which it may be put.

(Ord. 336 § 11.02.570, 1977).

Chapter 17.06 - ZONES AND MAPS

Sections:

To carry out the purposes of this code, the city is divided into zones as specified in this chapter.

(Ord. 336 § 5.01.000, 1977).

17.06.020 - Residential zones designated—Use of abbreviations.

Any zone listed in this chapter may be referred to and cited by use of only the abbreviation thereof.

A.

R1-5—Old City: five thousand square feet net minimum lot size;

B.

R1-6: six thousand square feet net minimum lot size;

C.

R1-7.5: seven thousand five hundred square feet net minimum lot size;

D.

R1-10: ten thousand square feet net minimum lot size;

E.

R1-12.5: twelve thousand five hundred square feet net minimum lot size;

F.

R1-15: fifteen thousand square feet net minimum lot size;

G.

RE-20: twenty thousand square feet net minimum lot size;

H.

RE-30: thirty thousand square feet net minimum lot size;

I.

RE-30 NH: thirty thousand square feet minimum lot size;

J.

RE-1 acre: one acre net minimum lot size;

K.

RE-2 acre: two acre net minimum lot size;

L.

RA-3: three acre net minimum lot size;

M.

RA-5: five acre net minimum lot size;

N.

RA-10: ten acre net minimum lot size.

(Ord. 631 § 1 (part), 1990; Ord. 336 § 5.01.010, 1977).

17.06.030 - Multiple-family residential zones.

Multiple-family residential zones are as follows:

A.

R-2: duplex-triplex residential zone;

B.

R-3: multiple-family residential zone.

(Ord. 336 § 5.01.030, 1977).

17.06.040 - Commercial zones.

Commercial zones are as follows:

A.

B-P: business-professional zone;

B.

C-1: neighborhood commercial zone;

C.

C-2: retail business zone;

D.

C-3: general and service commercial zone;

E.

C-4: limited general retail and service commercial zone;

F.

C-H: highway commercial zone.

(Ord. 336 § 5.01.040, 1977).

17.06.050 - Industrial-manufacturing zones.

Industrial-manufacturing zones are as follows:

A.

M-1: manufacturing zone;

B.

M-2: heavy industrial zone.

(Ord. 336 § 5.01.050, 1977).

17.06.060 - Open space and recreational zones.

Open space and recreational zones are as follows:

A.

O-A: open space and recreational zone.

(Ord. 336 § 5.01.060, 1977).

17.06.070 - Planned development zone.

The planned development zone is designated as follows:

A.

PD: planned development zone.

(Ord. 336 § 5.01.070, 1977).

17.06.080 - Design review combining zones.

Design review combining zones are as follows:

A.

DR: design review zone (combining).

(Ord. 336 § 5.01.070, 1977).

The boundaries of zones described in this chapter are shown upon the official zoning maps as adopted by Section 5.02.030 of the ordinance codified in this chapter. The maps, all notations, references and other information contained thereon are incorporated as though set forth in this chapter and are declared to be part of this title. Each official map and planned unit development ordinance shall be identified by the section number of the ordinance codified in this chapter incorporating the map and ordinance as part of the ordinance codified in this chapter.

(Ord. 363: Ord. 336 § 5.01.070, 1977).

The official zoning maps and planned unit development ordinances on file in the office of the planning director shall be the final authority as to the current zoning classification of all areas within the city.

(Ord. 336 § 5.02.010, 1977).

Where uncertainty exists with respect to the boundaries of the various zones as shown on the official zoning maps, the following rules shall apply:

A.

Zone boundaries are either streets or alleys unless otherwise shown and where the designation of the map indicating the various zones are approximately bounded by street or alley lines, the street or alley shall be construed to be the boundary of such zone.

B.

Where doubt exists as to the location of a zone boundary in the interior of a block, the boundary shall be the nearest interior lot line existing as of the effective date of this title or on the date when the property may have been subsequently rezoned.

C.

If a zone boundary line divides or splits a lot, the lot zone shall be deemed to be included within the zone which is the more restrictive.

(Ord. 336 § 5.02.020, 1977).

All lands now or hereafter included within the boundaries of the city which are not designated on official zoning maps described in this chapter as being within any other zone specified in this title shall be deemed

to be zoned RA-10 (Residential Agriculture-10 acre net minimum lot size) until such lands are classified into one or more of the other districts as provided in this chapter. The planning commission may grant conditional use permits for uses of such land; provided, that such uses conform to the general plan of the city. Development requirements such as height regulation, lot area, lot width and yard area shall be prescribed by the planning commission.

(Ord. 336 § 6.01.000, 1977).

This section is adopted to comply with Section 65910 of the Government Code having to do with open space zoning. The provisions of this section and of other provisions of this title which relate to open space use shall be liberally construed to the end that conflicting uses shall not be permitted. The following zones are hereby designated the open space zones for the city:

RE-2 acre

RA-3

RA-5

RA-10

OA.

(Ord. 336 § 6.01.010, 1977).

Chapter 17.07 - GREENBRAE ISLAND ANNEXATION AREA OVERLAY ZONE

17.07.010 - Greenbrae Island Annexation Area overlay zone established.

A.

This chapter establishes the Greenbrae Island Annexation Area overlay zone (the "Annexation Area overlay zone"). The creation of this overlay zone is intended to smoothly transition the developed properties that have been annexed into the city and are now subject to the city of Rocklin Municipal Code and Zoning Code, from their prior status under Placer County regulations and zoning. This approach is consistent with the city's general plan policy of flexibility and innovation in development and planning techniques.

B.

Use of property as it existed on the date of annexation into the city within the overlay zone is subject to the regulations of Title 17 as modified by this chapter. Development of previously undeveloped property within the overlay zone is subject to all requirements of the Rocklin Municipal Code including Title 17, the city of Rocklin Zoning Code.

C.

The properties included within the Annexation Area overlay zone shall be indicated on the official zoning maps of the city by distinct shading over the affected properties. The affected properties are all properties

either partially or fully developed on the date approved by Placer LAFCo for annexation into the city, within the area known as the county island area accessed primarily by Aguilar Road, Greenbrae Road, and Foothill Road.

(Ord. No. 1045, § 2(Exh. A), 9-8-2015)

17.07.020 - Development standards for existing developed properties.

A.

All existing developed parcels conforming to the development standards required by the county zoning at the time of construction of the structures shall be deemed to be conforming in the Annexation Area overlay zone.

B.

For any major reconstruction involving a new foundation, and if it is determined by the chief building official to be feasible to conform the new structure to the underlying city development standards, then the location of the reconstructed structure must conform to the underlying city development standards.

C.

After the date of annexation approval by the Placer LAFCo, all new development requiring a city building permit must conform to the underlying city development standards.

(Ord. No. 1045, § 2(Exh. A), 9-8-2015)

17.07.030 - Horses and other similar large quadrupeds, sheep and goats conditionally permitted.

A.

Horses, other similar large quadrupeds, sheep and goats are permitted in the Annexation Area overlay zone where there is sufficient space to accommodate them subject to the provisions of this section. The term immature offspring used in this section refers to animals that have not yet been weaned and/or are a maximum of one year in age.

B.

Horses and other similar large quadrupeds are permitted in the following numbers:

1.

One horse or similar large quadruped where the lot is not less than thirty thousand square feet, and two horses or similar large quadrupeds where the lot area is one acre net or greater. Up to a total of two immature offspring may also be allowed.

2.

Three horses or similar large quadrupeds and up to a total of two immature offspring where the lot area is two acres net or greater.

3.

Additional horses or other similar large quadrupeds may be kept on lots in excess of two acres net, in a number to be determined by the director of economic and community development. An administrative special use permit is required for the keeping of additional horses or similar large quadrupeds.

C.

Sheep and goats are permitted in the following numbers:

1.

Four mature animals and their immature offspring (not to exceed twelve animals in total) where the lot is not less than thirty thousand square feet, and six mature animals and their immature offspring (not to exceed fifteen animals in total) where the lot area is one acre net or greater.

2.

Additional animals may be kept, in a number to be determined by the director of economic and community development. An administrative special use permit is required for the keeping of additional animals.

D.

The number of animals identified as allowed per lot area in subsections A, B and C is not intended to imply that horses or other large quadrupeds as well as sheep and/or goats will be allowed collectively on a single lot in those numbers. The keeping of horses and any other similar large quadrupeds, as well as, sheep and goats on a single lot may only be permitted on sites greater than one acre in size and only with prior approval of a use permit from the economic and community development director.

E.

Horses, other large quadrupeds, sheep and goats permitted under this section must comply with the provisions of Rocklin Municipal Code Chapter 6.36 regarding livestock.

F.

Because the potential incompatible impacts of additional animals are a localized impact, a property owner must apply for and obtain an administrative special use permit approved by the director of economic and community development, after payment of a fee and review of the permit which cost and process are substantially equivalent to the administrative special event permit authorized by Rocklin Municipal Code Chapter 17.63.

(Ord. No. 1045, § 2(Exh. A), 9-8-2015)

17.07.040 - Parking of accessory vehicles.

A.

Parking, storage and operations of accessory vehicles, as those vehicles are defined in Section 17.08.130(B), shall be subject to all regulations set forth in Section 17.08.130 except as provided in part (B)

below.

B.

For all existing developed parcels which can demonstrate physical site constraints making compliance with Rocklin Municipal Code Section 17.08.130(D)(1) infeasible, then parking of the accessory vehicle shall be allowed in the front yard or street side yard setback area, provided the accessory vehicle is parked as far from the street as feasibly possible based on site conditions. Feasibility shall be determined by the economic and community development director.

(Ord. No. 1045, § 2(Exh. A), 9-8-2015)

The use of land allowed by this chapter, but not otherwise in strict conformance with the Rocklin Municipal Code, may be continued until:

A.

The use is declared a nuisance by the city council or a court of competent jurisdiction; or

B.

The use, with the exception of the keeping of animals, is abandoned for ninety days, whether or not there was the intent to abandon such use.

(Ord. No. 1045, § 2(Exh. A), 9-8-2015)

Any person dissatisfied by an act or determination of an official of the city relating to the interpretation of this chapter may appeal such determination to the planning commission as provided in Chapter 17.86.

(Ord. No. 1045, § 2(Exh. A), 9-8-2015)

Greenbrae Island Annexation Area Overlay Zone Map

==> picture [432 x 340] intentionally omitted <==

(Ord. No. 1045, § 2(Exh. B), 9-8-2015)

Chapter 17.08 - USE REGULATIONS GENERALLY

Sections:

17.08.010 - Applicability of general regulations.

The use regulations specified in the various zones in this title shall be subject to the general use regulations and exceptions in this chapter, Chapter 17.76, and Chapter 17.78.

(Ord. 336 § 7.02.000, 1977).

17.08.015 - Requirements to build.

A.

No building or structure shall be constructed on any lot or parcel, and no permit shall be issued to permit such construction unless:

1.

Such lot or parcel was legally created;

Such lot or parcel has approved access to a public way or private road easement;

3.

Said building or structure is able to comply with all height, lot coverage, and setback requirements, as set forth in the applicable zoning district and/or elsewhere within this title.

(Ord. No. 1061, § 3, 12-13-2016)

A.

Single-Family Residences.

1.

Each single-family residence shall consist of one complete dwelling unit as defined in the Uniform Building Code. The minimum square footage of a single-family residence shall be no less than one thousand fifty square feet.

2.

The minimum square footage of a single-family residence size shall be reduced to seven hundred fifty square feet for one-bedroom or two-bedroom units, and nine hundred fifty square feet for three-bedroom units of all units that are made affordable, as defined in the Rocklin Housing Element, to households with incomes at or below eighty percent of median-family income, as defined by the Department of Housing and Urban Development (HUD) for the Sacramento Metropolitan Statistical Area (SMSA).

B.

Duplex, Triplex. Each living unit shall consist of a complete dwelling unit, as defined in the Uniform Building Code. Each living unit shall be a minimum of six hundred square feet.

C.

Apartments. Each apartment shall consist of one complete dwelling unit, as defined in the Uniform Building Code. Each living unit shall be a minimum of three hundred fifty square feet.

D.

Accessory dwelling units and junior accessory dwelling units are not subject to dwelling unit minimum area regulations set forth above for the purposes of this chapter.

(Ord. 881 § 3, 2004: Ord. 514 § 2, 1984; Ord. 505 § 1, 1983: Ord. 336 § 7.02.010, 1977).

(Ord. No. 1124, § 6, 3-10-2020)

A.

Application. Setbacks specified in this code for the various zones shall be subject to the regulations of this chapter.

B.

Measurement. The setback of all buildings and structures shall be determined by the exterior boundaries of the streets and highways and their proposed widening and extensions as indicated in the circulation element of the general plan. The width of any street or highway which does not appear in the circulation element of the general plan shall be determined from the standards for street right-of-way widths and improvements as prescribed in Title 16.

C.

In all residential zones, the primary structure on any lot may project up to ten feet into the required rear yard setback designated by the regulations of this chapter for those zones or the applicable general development plan for planned development zones: provided, that the square footage lost from the

projection is replaced by a yard or court located within the buildable portion of the lot. Unless otherwise permitted by the applicable zoning, the primary structure shall not be located less than five feet from the rear property line.

D.

In corner lots in all residential zones, the required rear yard may be located either opposite the established front yard, or opposite the established street side yard, at the discretion of the property owner.

(Ord. 523 § 1. 1984: Ord. 336 §§ 7.05.000 and 7.05.010, 1977).

(Ord. No. 977, Exh. B, B18., 10-11-2011; Ord. No. 1134, § 3, 7-27-2021)

17.08.040 - Reserved.

Editor's note— Ord. No. 1062, § 2(Exh. A1.), adopted Jan. 10, 2017, repealed former § 17.08.040 which pertained to multiple family structure setback, and derived from Ord. No. 336, § 7.03.010, adopted in 1977.

17.08.050 - Architectural extensions into setbacks—Fireplace setback.

A.

Architectural features on the main building, such as cornices, eaves, canopies and sills may extend a maximum of three feet into any side setback or street side setback. Eaves and canopies may extend a maximum of three feet into any required front setback.

B.

Fireplaces shall maintain a three-foot minimum setback to any side lot line.

(Ord. 336 § 7.03.020, 1977).

The height regulations specified for the various zones in this title shall be subject to the height regulations and exceptions in this chapter, except that where chimneys, silos, cubicles, flagpoles, monuments, gas storage holders, radio and other towers, water tanks, church steeples and similar structures and mechanical appurtenances are permitted in the zone, height limits may be exceeded by a use permit.

(Ord. 336 § 7.04.000, 1977).

All outdoor storage of products, machinery, equipment or other items shall be within a fence or wall.

(Ord. 336 § 7.02.060(g), 1977).

17.08.080 - Commerce or industry abutting residential zone.

A.

Notwithstanding the height restrictions in Chapter 17.76, where a commercial or industrial zone abuts a residential zone, a solid masonry wall, six feet in height and designed to the satisfaction of the planning director, shall be erected on the property line which forms the boundary between the zones. The purpose of this solid masonry wall is to provide a substantial buffer between potentially incompatible uses to reduce common noises, provide enhanced security, and create an aesthetic barrier.

B.

An exception to this requirement may be approved by the planning director upon a showing of adequate compatibility between the adjoining uses evaluating relevant factors such as aesthetic considerations, natural terrain buffers, building height, bulk and orientation, noise, light and glare, pedestrian and vehicular circulation, property values and psychological factors.

C.

The exception set forth in subsection B. above shall apply in all zoning areas of the city, and shall amend all planned development general development plans adopted by the city council.

(Ord. 445 § 2 (part), 1981: Ord. 336 § 7.02.060(j), 1977).

(Ord. No. 1019, § 2, 11-12-2014)

17.08.090 - Accessory structures.

A.

An accessory structure in any residential zone shall comply with the following:

1.

Said structures shall be located to the rear or side of the main dwelling unit, not less than ten feet there from.

2.

Said structures shall be a minimum of five feet from any interior side or rear property line and shall comply with the required front and street side yard setbacks as set forth in the applicable zoning.

B.

Barns and stables, or any other building or structure used for the keeping of animals, shall be located on the rear one-half of the lot and not closer than twenty feet to any side or rear property line.

(Ord. 610 § 1, 1989; Ord. 336 § 7.02.040, 1977).

(Ord. No. 1134, § 4, 7-27-2021)

Editor's note— Ord. No. 1134, § 4, adopted July 27, 2021, changed the title of § 17.08.090 from "Accessory buildings—Garages—Barns and stables" to read as herein setout.

A.

In all residential zones, a structure which is open on at least three sides, such as a patio cover, may encroach into the required rear yard setback up to fifteen feet from a rear wall of the principal structure, but in no case shall such a structure be located within five feet of the rear property line.

B.

Structures open on at least three sides, whether attached to the primary structure or detached, shall not count toward lot coverage, regardless of roofing type, and shall not require compensation for encroachment into the rear setback area.

C.

On all lots that are six thousand square feet or less in area, structures that are open on at least three sides, whether attached or detached to the primary structure, shall comply with the following standards:

1.

The maximum height of said structures shall not exceed ten feet, as measured from the adjacent finish grade to the highest point of the structure. The community development director may approve a deviation from this standard when strict adherence to the standard would cause the structure to block an existing door or window.

2.

Said structures shall be constructed of fire-resistant materials.

(Ord. No. 1134, § 5, 7-27-2021)

Accessory uses are defined as uses incidental related, appropriate, and clearly subordinate to the main use of the lot or building, which do not alter the principal use of the lot or building or adversely affect other properties in the zone. Such accessory uses are authorized in any zone subject to the definitions set forth in this section.

(Ord. 336 § 7.02.050, 1977).

Except where expressly permitted, or where authorized upon the issuance of a conditional use permit, accessory buildings and accessory uses are allowed only where there is an existing primary use on the premises.

(Ord. 370: Ord. 336 § 7.02.055, 1977).

17.08.120 - Utility and transmission lines.

A.

Public utility distribution and power transmission lines, and underground facilities for distribution of gas, water, communications, electricity, and cable television, may be constructed in all zones.

B.

For privately owned utilities, review and approval of such location shall be subject to review and approval of the planning commission pursuant to applicable law.

(Ord. 336 § 7.02.020, 1977).

A.

Purpose and Intent. The parking restrictions set forth in this section are designed to limit temporary parking, and prohibit storage of accessory vehicles, as that term is defined below, to improve the appearance and aesthetic values of the city and to further eliminate or prevent the occurrence of potential traffic hazards.

B.

The words, terms, phrases, and their derivations set forth in this Chapter 17.08 have the meanings set forth below.

1.

"Accessory vehicle" means and includes campers, recreational vehicles and utility trailers as defined below.

2.

"Camper" means a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes.

3.

"Enforcement authority" means the city manager or designated department head, building official, code enforcement officer, or public official charged with responsibility for enforcement under this title.

4.

"Recreational vehicle" means a vehicle or trailer which is capable of human habitation or designed or used for recreational camping or travel use, whether self-propelled or mounted on or drawn by another vehicle, or any structure inspected, approved and designated a recreational vehicle by and bearing the insignia of the state of California or any other state or federal agency having the authority to approve recreational vehicles. "Recreational vehicle" includes, without limitation, any of the following: (1) camp trailer, as defined by California Vehicle Code Section 242; (2) fifth-wheel travel trailer, as defined by California Vehicle Code Section 324; (3) house car, as defined by California Vehicle Code Section 362; (4) trailer coach, as defined by California Vehicle Code Section 635; (5) mobile home, as defined by California Vehicle Code Section 396; (6) boat, watercraft, and/or a trailer for a boat or watercraft; (7) trailers designed to carry persons, property or animals on its own structure and to be drawn by a motor vehicle; and (8) recreational vehicle, as defined by California Health and Safety Code Section 18010.

5.

"Store" or "stored" means parking in a location on three consecutive days or nine intermittent days within a thirty-day period at any point in time.

6.

"Utility trailer" means a nonmotorized vehicle designed to carry persons, property, animals, waste, materials, watercraft, or any other items on its own structure and to be drawn by another motor vehicle which is not designed for recreational purposes.

C.

No person shall use any accessory vehicle for living or sleeping purposes, or as a principal place of business operations except as specifically provided in this Title 17. Utility connections for water, sewer, or power shall be prima facie evidence of occupancy as a residence or business, except for the temporary (twenty-four hours) use of power to recharge batteries or service appliances.

D.

It is a violation of this section to store an accessory vehicle in any zoning district at the following locations, except as provided in subsection F. below:

1.

In any front yard or street side yard setback in any zone including driveways;

2.

On a public street in any zone; or

In any required off-street parking area in any commercial or industrial zone.

If an accessory vehicle is stored on private property in violation of this section, both the accessory vehicle owner and private property owner, if different persons or entities, shall be in violation of this section.

E.

An accessory vehicle shall be considered "stored" for the purposes of this Section 17.08.130 if it is stored in any single location or combination of locations described in Section 17.08.130.D. It shall be prima facie evidence of a "stored" accessory vehicle if the enforcement authority has documented the presence of the accessory vehicle at any single prohibited location or combination of prohibited locations at any point in time on three consecutive days or nine intermittent days within a thirty-day period.

F.

Exceptions.

1.

Off-street parking area in any commercial or industrial zone specifically approved to serve a business whose primary purpose is to service, sell, repair or perform maintenance upon an accessory vehicle.

2.

Mobile or portable structures for city, county, state, and federal government use are permitted in all zones.

3.

Construction site temporary offices may be located pursuant to Section 17.08.140.

4.

A motor home or mounted camper which is normally used for everyday transportation, is mounted on a one ton or less pickup, and is not more than nine feet in height measured from the surface of the street.

5.

A person who has been granted a reasonable accommodation from this section under Chapter 17.83 of the Rocklin Municipal Code.

G.

Violation of this section is deemed to be an infraction and is punishable as such pursuant to Title 1 of the Rocklin Municipal Code, or at the discretion of the enforcement authority or city attorney, may be punishable by the use of any other criminal, civil or administrative remedy or penalty authorized by, or set forth in, the Rocklin Municipal Code.

(Ord. 849 § 1, 2001: Ord. 574 § 1, 1987; Ord. 457 § 5, 1981: Ord. 402 § 1, 1979: Ord. 336 § 7.02.030, 1977).

(Ord. No. 969, § 1, 1-25-2011; Ord. No. 1090, § 16, 3-13-2018; Ord. No. 1145, § 8, 4-12-2022)

17.08.132 - Use and parking limitations in single-family residential areas.

A.

Setback Area Permeable Surface Requirements.

1.

For all lots five thousand square feet in size or larger in all single-family residential zones, a minimum of forty percent of the combined front yard and street side yard setback area shall be preserved with permeable surfaces, such as lawn, grass or other landscaping.

2.

Exception. In those limited circumstances where a property owner has shown that because of special circumstances applicable to the subject property, including size, shape, topography, or other unique circumstance, the strict application of the requirements of this title is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications; and the community development director has found that the grant of an exception would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated, the community development director may grant an exception to the permeable surface coverage standards noted herein. The community development director shall document in writing the findings of fact upon which he/she has based any decision to either approve or deny a request for an exception.

B.

Off-Street Parking Limitations.

1.

No more than six vehicles may be parked at any time in the combined front yard and street side yard area between the residence and the street at a single-family dwelling unit. If a violation of this requirement results in a citation, each vehicle over the allowed six vehicles shall be treated as a separate citation.

2.

Exception. Temporary parking of seven or more vehicles shall be permitted in the combined front yard and street side yard area between the residence and the street at a single-family dwelling unit for a period not to exceed seventy-two consecutive hours for any purpose, up to a combined total of five days within any thirty-day period.

3.

Seven or more vehicles observed to be parked for a period of six days within any thirty-day period in the combined front yard and street side yard area between the residence and the street shall be prima facie evidence of parking vehicles in violation of this section.

4.

A household may request to have more than six vehicles in the combined front yard and street side yard area between the residence and the street at a single-family dwelling unit by submitting an exemption application to the community development director, or designee, for consideration. Annual exemptions shall be issued if the applicant can demonstrate:

i.

That the requested number of vehicles to be parked in the area between the residence and the street is less than or equal to the number of licensed drivers who reside at the dwelling unit;

ii.

Each resident's driver's license has the same address as that where the vehicle is to be parked; and

iii.

Each vehicle has current registration at the same address where the vehicle is to be parked.

If granted, exemptions will be applicable for up to one year from date of their approval and households are required to reapply for renewal on an annual basis. An exemption application form, available at the community development department, must be completed and submitted with the required documentation.

(Ord. No. 1116, § 3(Exh. A), 7-9-19)

A.

No commercial vehicle as defined in Vehicle Code section 15210, or trailer as defined in Vehicle Code section 630, or utility trailer as that term is defined above in subpart 17.08.130.B.7, exceeding nine feet in height or twenty-five feet in length for a single vehicle, or thirty-five feet in combined total length when attached to another vehicle or trailer, shall park between the hours of six p.m. and six a.m. on private property or public rights-of-way within residential zoning districts.

B.

This prohibition shall not apply to any commercial vehicle making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on a public street or highway within the city or delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure within the city for which a building permit has previously been obtained.

C.

Violation of this section is deemed to be an infraction and is punishable pursuant to Chapter 1.18 of this code, or by administrative citation pursuant to Chapter 1.14 of this code.

(Ord. No. 969, § 2, 1-25-2011; Ord. No. 1090, § 17, 3-13-2018)

17.08.140 - Construction site temporary offices.

A.

Any person who has obtained and maintains a valid approval to develop any real property may install a mobile or portable office at the construction site to be used for the purposes of a temporary construction field office or for storage of construction tools.

B.

Such temporary office or storage space shall not be used as living quarters.

C.

Any office or storage space shall be removed at the time of completion of the improvements.

(Ord. 406 § 1, 1979: Ord. 336 § 7.01.030, 1977).

A.

Swimming pools in residential zones shall not encroach into required front yard setbacks or street side yard setbacks. There shall be a rear yard setback of at least three feet, and interior side yard setbacks shall be a minimum of three feet on one side and a minimum of five feet on the opposite side.

B.

Filter and heating systems for swimming pools shall not be located closer than three feet from any property line.

C.

Coverage by a swimming pool shall not be considered in measuring maximum lot coverage.

D.

Any swimming pool, either in ground or above ground, shall have at least two of the seven drowning prevention safety features in compliance with "The Swimming Pool Safety Act" [Health and Safety Code sections 115920—115929]. The city of Rocklin requires one of the two required safety features to be an enclosure which isolates the swimming pool from the residence. When the residence is used as part of the required enclosure, all residence doors providing direct access to the pool and any gates in such enclosure shall be self-closing, self-latching, and swing away from the pool. All residence doors providing direct access to the pool that do not meet these requirements shall be equipped with exit alarms. The enclosure must be installed before water is placed in the pool and must comply with all other applicable provisions of this section and Chapter 17.76.

(Ord. 771 § 1, 1997; Ord. 609 § 1, 1989; Ord. 336 §§ 7.02.070 and 7.02.060(f), 1977).

(Ord. No. 1073, § 4, 7-11-2017; Ord. No. 1122, § 3, 11-12-2019)

Editor's note— Ord. No. 1124, § 7, adopted March 10, 2020, repealed former § 17.08.160, which pertained to secondary residential units, and derived from Ord. No. 881, § 4, adopted in 2004.

All mobile/manufactured homes proposed to be located on a residential single family lot in the city of Rocklin shall comply with the following minimum criteria to ensure compatibility:

A.

The mobile/manufactured home shall be attached to a permanent foundation system approved by the building inspector of the city.

B.

The exterior finish material(s) used on the mobile/manufactured home and any attached garage or other addition shall be a wood, stucco plaster, vinyl or other exterior finish material customarily used to sheath new residential structures in the city and in the area.

C.

The exterior finish material(s) shall extends towards the ground to a point consistent with that customary on new residential structures in the city.

D.

A skirting material, that emulates the texturing and coloring of a solid masonry, brick, or stone perimeter foundation, shall be installed around the perimeter of the structure to bridge the gap between the exterior finish materials on the structure and the structures foundation or finish grade as applicable. The height of said skirting material shall be generally consistent with the foundation height customary to new residential structures.

E.

Roofing material and the roof overhang, and the roof pitch shall be similar to the material, overhang and pitch design customarily used on new residential structures in the city. Roof overhangs shall be a minimum of sixteen inches.

F.

The mobile/manufactured home shall comply with development standards applicable to the zone in which it is to be located including but not limited to setbacks, lot coverage, and off street parking facilities.

G.

The facade which fronts on the street is designed with sufficient detail to make it visually compatible with conventional residential structures in the city.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

Emergency residential shelters shall be subject to the following requirements in those zone districts and planned development areas where listed as a permitted use.

A.

Location. Emergency residential shelters may be located in any industrial zone district or equivalent planned development zone where it is listed as a permitted use. Emergency homeless shelters shall not be located within one thousand feet of any other emergency residential shelters, or other similar program, unless such program is located within the same building or on the same lot. Nor, shall any temporary resident shelter be located within five hundred feet of any elementary school, junior high school, high school, or any zone district wherein temporary resident shelters are not permitted.

B.

Development Standards. Comply with the City of Rocklin Design Guidelines and Development Standards for the applicable zoning district.

C.

Business Practices. The emergency residential shelter must comply with the following business practices:

1.

Emergency residential shelters shall be in compliance with all building codes and fire standards.

2.

The maximum occupancy of an emergency residential shelter shall not exceed sixty individuals.

3.

Emergency residential shelters shall provide on-site waiting and intake areas that are screened from public view.

4.

There shall be at least one staff member of the temporary resident shelter on-site at all times while temporary residents are present.

5.

Security lighting shall be provided to the satisfaction of the community development director.

6.

The applicant shall coordinate with the Rocklin Police Department to prepare a security plan for the facility, and shall provide the Rocklin Police Department with the name(s) and telephone number(s) of a responsible

party(ies) to contact. The Rocklin Police Department may require the provision of on site private security when the facility is occupied if deemed necessary by the chief of police.

7.

Emergency residential shelters shall establish and maintain set hours for client intake/discharge. Said hours shall be posted at the entry to the facility.

Emergency residential shelters are encouraged to be located no more than one-half mile from an existing bus route or, provide transportation between the facility and a transit corridor or bus line.

(Ord. No. 977, Exh. A, A2., 10-11-2011)

Any retaining wall located within a required front yard or street side yard setback area in any residential zone district shall comply with the Visibility Requirements contained in the City of Rocklin, Construction Specifications, Improvement Standards, and Standard Drawings approved by the Rocklin City Council.

(Ord. No. 977, Exh. B, B16., 10-11-2011)

Chapter 17.09 - R1-3.5 ZONE

The R1-3.5 single-family residential zone is intended to facilitate development of small lot, traditional lot and block residential subdivisions.

(Ord. No. 1062, § 2(Exh. A3.), 1-10-2017)

Permitted uses in the R1-3.5 zone:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Chapter 17.08;

C.

Accessory buildings as regulated by Chapter 17.08;

D.

Secondary residential units as regulated elsewhere in this title.

(Ord. No. 1062, § 2(Exh. A3.), 1-10-2017)

The following uses are permitted in the R1-3.5 zone subject to issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, warehouses, or repair shops;

B.

Schools, private or public elementary and secondary.

(Ord. No. 1062, § 2(Exh. A3.), 1-10-2017)

17.09.040 - Height regulations.

Height regulations in the R1-3.5 zone:

A.

The maximum height for principal buildings and structures shall be thirty-five feet.

B.

The maximum height for accessory buildings and structures shall be fourteen feet.

(Ord. No. 1062, § 2(Exh. A3.), 1-10-2017)

The minimum lot area for each lot in the R1-3.5 zone shall be three thousand five hundred square feet.

(Ord. No. 1062, § 2(Exh. A3.), 1-10-2017)

The maximum lot coverage by all structure and buildings in the R1-3.5 zone shall not exceed seventy percent of the lot area.

(Ord. No. 1062, § 2(Exh. A3.), 1-10-2017)

17.09.070 - Lot width.

The minimum lot width in the R1-3.5 zone shall be fifty feet.

(Ord. No. 1062, § 2(Exh. A3.), 1-10-2017)

No building or structure shall hereafter be erected or enlarged in the R1-3.5 zone unless the following setbacks are provided and maintained:

A.

Front—Porch and Living Area. There shall be a front setback of not less than ten feet.

B.

Front—Face of Garage. There shall be a front setback of not less than eighteen feet.

C.

Rear—Primary Structure. There shall be a rear setback of not less than ten feet.

D.

Rear—Structure Open on Three Sides. There shall be a setback of not less than four feet to the vertical structure and there shall be a setback of not less than one foot to the eaves.

E.

Interior Side. There shall be an interior side setback of not less than four feet with no encroachments by structural or architectural elements, including fireplaces and chimneys.

F.

Street Side. There shall be a street side setback of not less than ten feet.

G.

A ten-foot by twenty-foot (two-hundred-square-foot) clear area shall be maintained within the required setbacks as a rear yard/patio area.

(Ord. No. 1062, § 2(Exh. A3.), 1-10-2017)

17.09.090 - Dwelling unit minimum area.

The minimum square footage per dwelling unit shall be regulated by Section 17.08.020.

(Ord. No. 1062, § 2(Exh. A3.), 1-10-2017)

17.09.100 - Off-street parking.

Off-street parking shall be provided subject to the regulations in Chapter 17.66.

(Ord. No. 1062, § 2(Exh. A3.), 1-10-2017)

Chapter 17.10 - R1-5 ZONE

Sections:

17.10.010 - Purpose.

The R1-5 single-family residential old city zone is intended solely to facilitate development of land which has been subdivided into lots of less than six thousand square feet prior to the adoption of this title. The zone will not be applied to other land within the city.

(Ord. 336 § 6.02.000, 1977).

17.10.020 - Permitted uses.

Permitted uses in the R1-5 zone:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Section 17.08.100;

C.

Accessory buildings as regulated by Section 17.08.090;

D.

Section 5116 homes as regulated by Chapter 17.80;

E.

Schools, public elementary and secondary; and

F.

Secondary residential units.

(Ord. 881 § 5, 2004: Ord. 813 § 2, 1999: Ord. 336 § 6.02.010, 1977).

The following uses are permitted in the R1-5 zone subject to issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, warehouses, or repair shops;

B.

Churches, parks, playgrounds;

C.

Mobile home parks;

D.

Community care facility, day care center or residential facility; and

E.

Schools, private elementary and secondary.

(Ord. 881 § 6, 2004: Ord. 813 § 3, 1999: Ord. 569 § 1, 1987; Ord. 517 § 1, 1984; Ord. 514 § 3, 1984; Ord. 336 § 6.02.020, 1977).

17.10.040 - Height regulations.

Height regulations in the R1-5 zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings and structures shall be fourteen feet.

(Ord. 336 § 6.02.030, 1977).

17.10.050 - Lot area.

The minimum area for each lot in the R1-5 zone shall be five thousand square feet.

(Ord. 336 § 6.02.040, 1977).

17.10.060 - Lot coverage.

The maximum lot coverage by all structures and buildings in the R1-5 zone shall not exceed thirty-five percent of the lot area.

(Ord. 336 § 6.02.060, 1977).

17.10.070 - Lot width.

The minimum lot width in the R1-5 zone shall be fifty feet.

(Ord. 336 § 6.02.070, 1977).

No building or structure shall hereafter be erected or enlarged in the R1-5 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than twenty feet.

B.

Rear. There shall be a rear setback of not less than twenty feet.

C.

Interior Side. There shall be an interior side setback of not less than five feet.

D.

Street Side. On corner lots, there shall be a street side setback of not less than ten feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

(Ord. 336 § 6.02.080, 1977).

17.10.090 - Dwelling unit minimum area.

The minimum square footage per dwelling shall be regulated by Section 17.08.020.

(Ord. 336 § 6.02.090, 1977).

17.10.100 - Off-street parking.

Off-street parking in the R1-5 district shall be as follows:

A.

A single-family dwelling shall provide a garage at least twelve feet in width by twenty feet in depth.

B.

A driveway pad the width of the garage and at least twenty feet in length immediately contiguous to the garage opening shall also be provided.

C.

For a residence constructed prior to the adoption of this title, a carport is permitted if an existing garage is converted to living accommodations.

(Ord. 556 § 1, 1986; Ord. 336 § 6.02.100, 1977).

Chapter 17.12 - R1-6 ZONE

Sections:

Permitted uses in the R1-6 zone:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Section 17.08.100;

C.

Accessory buildings as regulated by Section 17.08.090;

D.

Section 5116 homes as regulated by Chapter 17.80;

E.

Schools, public elementary and secondary; and

F.

Secondary residential units.

(Ord. 881 § 7, 2004: Ord. 813 § 4, 1999: Ord. 336 § 6.03.000, 1977).

17.12.020 - Conditional uses.

The following uses are permitted in the R1-6 zone subject to issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, warehouses or repair shops;

B.

Churches, parks, playgrounds;

C.

Community care facility, day care center or residential facility;

D.

Mobile home parks; and

E.

Schools, private elementary and secondary.

(Ord. 881 § 8, 2004: Ord. 813 § 5, 1999: Ord. 581 § 12, 1988; Ord. 517 § 2, 1984; Ord. 514 § 4, 1984; Ord. 336 § 6.03.010, 1977).

17.12.030 - Height regulations.

Height regulations in the R1-6 zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings and structures shall be fourteen feet.

(Ord. 336 § 6.03.020, 1977).

17.12.040 - Lot area.

The minimum area for each lot in the R1-6 zone shall be as follows:

A.

Corner lots: six thousand five hundred square feet;

B.

Interior lots: six thousand square feet.

(Ord. 336 § 6.03.030, 1977).

17.12.050 - Lot coverage.

The maximum lot coverage by all structures and buildings in the R1-6 zone shall not exceed forty percent of the lot area.

(Ord. 336 § 6.03.050, 1977).

The minimum lot width in the R1-6 zone shall be as follows:

A.

Corner lot: sixty-five feet;

B.

Interior lot: sixty feet.

(Ord. 336 § 6.03.060, 1977).

17.12.070 - Setbacks.

No building or structure shall hereafter be erected or enlarged in the R1-6 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than twenty-five feet.

B.

Rear. There shall be a rear setback of not less than twenty feet.

C.

Interior. There shall be an interior side setback of not less than five feet.

D.

Street. On corner lots, there shall be a street side setback of not less than ten feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

(Ord. 336 § 6.03.070, 1977).

17.12.080 - Dwelling unit minimum area.

The minimum square footage per dwelling unit in the R1-6 zone shall be regulated by Section 17.08.020.

(Ord. 336 § 6.03.080, 1977).

17.12.090 - Off-street parking.

Off-street parking shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.03.090, 1977).

Chapter 17.14 - R1-7.5 ZONE

Sections:

Permitted uses in the R1-7.5 zone:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Section 17.08.100;

C.

Accessory buildings as regulated by Section 17.08.090;

D.

Section 5116 homes as regulated by Chapter 17.80;

E.

Schools, public elementary and secondary; and

F.

Secondary residential units.

(Ord. 881 § 9, 2004: Ord. 813 § 6, 1999: Ord. 336 § 6.04.000, 1977).

17.14.020 - Conditional uses.

The following uses are permitted in the R1-7.5 zone subject to issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, warehouses, or repair shops;

B.

Churches, parks, playgrounds;

C.

Community care facility, day care center or residential facility;

D.

Mobile home parks; and

E.

Schools, private elementary and secondary.

(Ord. 881 § 10, 2004: Ord. 813 § 7, 1999: Ord. 581 § 13, 1988; Ord. 517 § 3, 1984; Ord. 514 § 5, 1984; Ord. 336 § 6.04.010, 1977).

Height regulations in the R1-7.5 zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings and structures shall be fourteen feet.

(Ord. 336 § 6.04.020, 1977).

17.14.040 - Lot area.

The minimum area for each lot in the R1-7.5 zone shall be as follows:

A.

Corner lots: eight thousand square feet;

B.

Interior lots: seven thousand five hundred square feet.

(Ord. 336 § 6.04.030, 1977).

The maximum lot coverage by all structures and buildings in the R1-7.5 zone shall not exceed thirty-five percent of the lot area.

(Ord. 336 § 6.04.050, 1977).

The minimum lot width in the R1-7.5 zone shall be as follows:

A.

Corner lot: eighty feet;

B.

Interior lot: seventy-five feet.

(Ord. 336 § 6.04.060, 1977).

No building or structure shall hereafter be erected or enlarged in the R1-7.5 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than twenty-five feet.

B.

Rear. There shall be a rear setback of not less than twenty-five feet.

C.

Interior. There shall be an interior side setback of not less than seven and one-half feet.

D.

Street. There shall be a street side setback of not less than ten feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

(Ord. 336 § 6.04.070, 1977).

17.14.080 - Dwelling unit minimum area.

The minimum square footage per dwelling unit in the R1-7.5 zone shall be regulated by Section 17.08.020.

(Ord. 336 § 6.04.080, 1977).

17.14.090 - Off-street parking.

Off-street parking in the R1-7.5 zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.04.090, 1977).

Chapter 17.16 - R1-10 ZONE

Sections:

17.16.010 - Permitted uses.

Permitted uses in the R1-10 zone:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Section 17.08.100;

C.

Accessory buildings as regulated by Section 17.08.090;

D.

Section 5116 homes as regulated by Chapter 17.80;

E.

Schools, public elementary and secondary; and

F.

Secondary residential units.

(Ord. 881 § 11, 2004: Ord. 813 § 8, 1999: Ord. 336 § 6.05.000, 1977).

17.16.020 - Conditional uses.

The following uses are permitted in the R1-10 zone subject to issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, warehouses or repair shops;

B.

Churches, parks, playgrounds;

C.

Community care facility, day care center or residential facility;

D.

Mobile home parks; and

E.

Schools private elementary and secondary.

(Ord. 881 § 12, 2004: Ord. 813 § 9, 1999: Ord. 581 § 14, 1988; Ord. 517 § 4, 1984; Ord. 514 § 6, 1984; Ord. 336 § 6.05.010, 1977).

17.16.030 - Height regulations.

Height regulations in the R1-10 zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings and structures shall be fourteen feet.

(Ord. 336 § 6.05.020, 1977).

The minimum area for each lot in the R1-10 zone shall be ten thousand square feet.

(Ord. 336 § 6.05.030, 1977).

The maximum lot coverage by all structures and buildings in the R1-10 zone shall not exceed thirty-five percent of the lot area.

(Ord. 336 § 6.05.050, 1977).

The minimum lot width in the R1-10 zone shall be as follows:

A.

Corner lot: eighty-five feet;

B.

Interior lot: eighty feet.

(Ord. 336 § 6.05.060, 1977).

No building or structure in the R1-10 zone shall hereafter be erected or enlarged unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than thirty feet.

B.

Rear. There shall be a rear setback of not less than twenty-five feet.

C.

Interior Side. There shall be an interior side setback of not less than ten feet.

D.

Street Side. There shall be a street side setback of not less than fifteen feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line whichever provides the greater setback.

(Ord. 336 § 6.05.070, 1977).

17.16.080 - Dwelling unit minimum area.

The minimum square footage per dwelling unit in the R1-10 zone shall be regulated by Section 17.08.020.

(Ord. 336 § 6.05.080, 1977).

17.16.090 - Off-street parking.

Off-street parking in the R1-10 zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.05.090, 1977).

Chapter 17.18 - R1-12.5 ZONE

Sections:

17.18.010 - Permitted uses.

Permitted uses in the R1-12.5 zone:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Section 17.08.100;

C.

Accessory buildings as regulated by Section 17.08.090;

D.

Section 5116 homes as regulated by Chapter 17.80;

E.

Schools, public elementary and secondary; and

F.

Secondary residential units.

(Ord. 881 § 13, 2004: Ord. 813 § 10, 1999: Ord. 336 § 6.06.000, 1977).

17.18.020 - Conditional uses.

The following uses are permitted in the R1-12.5 zone subject to issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, warehouses; or repair shops;

B.

Churches, parks, playgrounds;

C.

Community care facility, day care center or residential facility;

D.

Mobile home parks; and

E.

Schools, private elementary and secondary.

(Ord. 881 § 14, 2004: Ord. 813 § 11, 1999: Ord. 581 § 15, 1988; Ord. 517 § 5, 1984; Ord. 514 § 7, 1984; Ord. 336 § 6.06.010, 1977).

Height regulations in the R1-12.5 zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings and structures shall be fourteen feet.

(Ord. 336 § 6.06.020, 1977).

17.18.035 - Lot area.

The minimum area for each lot in the R1-12.5 zone is twelve thousand five hundred square feet.

(Ord. 581 § 15.5, 1988).

17.18.040 - Lot coverage.

The maximum lot coverage by all structures and buildings in the R1-12.5 zone shall not exceed thirty-five percent of the lot area.

(Ord. 336 § 6.06.050, 1977).

17.18.050 - Lot width.

The minimum lot width in the R1-12.5 zone shall be as follows:

A.

Corner lot: ninety-five feet;

B.

Interior lot: ninety feet.

(Ord. 336 § 6.06.060, 1977).

17.18.060 - Setbacks.

No building or structure in the R1-12.5 zone shall hereafter be erected or enlarged unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than thirty feet.

B.

Rear. There shall be a rear setback of not less than thirty feet.

C.

Interior Side. There shall be an interior side setback of not less than ten feet.

D.

Street Side. There shall be a street side setback of not less than ten feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

(Ord. 336 § 6.06.070, 1977).

17.18.070 - Dwelling unit minimum area.

The minimum square footage per dwelling unit in the R1-12.5 zone shall be regulated by Section 17.08.020.

(Ord. 336 § 6.06.080, 1977).

17.18.080 - Off-street parking.

Off-street parking in the R1-12.5 zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.06.090, 1977).

Chapter 17.20 - R1-15 ZONE

Sections:

17.20.010 - Permitted uses.

Permitted uses in the R1-15 zone:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Section 17.08.100;

C.

Accessory buildings as regulated by Section 17.08.090;

D.

Section 5116 homes as regulated by Chapter 17.80;

E.

Schools, public elementary and secondary; and

F.

Secondary residential units.

(Ord. 881 § 15, 2004: Ord. 813 § 12, 1999: Ord. 336 § 6.07.000, 1977).

The following uses are permitted in the R1-15 zone subject to issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, warehouses, or repair shops;

B.

Churches, parks, playgrounds;

C.

Community care facility, day care center or residential facility;

D.

Mobile home parks; and

E.

Schools, private elementary and secondary.

(Ord. 881 § 16, 2004: Ord. 813 § 13, 1999: Ord. 581 § 15, 1988; Ord. 517 § 6, 1984; Ord. 514 § 8, 1984; Ord. 336 § 6.07.010, 1977).

17.20.030 - Height regulations.

Height regulations in the R1-15 zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings and structures shall be fourteen feet.

(Ord. 336 § 6.07.020, 1977).

The minimum area for each lot in the R1-15 zone shall be fifteen thousand square feet.

(Ord. 336 § 6.07.030, 1977).

The maximum lot coverage in the R1-15 zone by all structures and buildings shall not exceed thirty-five percent of the lot area.

(Ord. 336 § 6.07.050, 1977).

The minimum lot width in the R1-15 zone shall be as follows:

A.

Corner lot: one hundred feet;

B.

Interior lot: ninety-five feet.

(Ord. 336 § 6.07.060, 1977).

No building or structure shall hereafter be erected or enlarged unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than thirty feet.

B.

Rear. There shall be a rear setback of not less than thirty feet.

C.

Interior Side. There shall be an interior side setback of not less than ten feet.

D.

Street Side. There shall be a street side setback of not less than fifteen feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from

the adopted plan line or the property line whichever provides the greater setback.

(Ord. 336 § 6.07.070, 1977).

17.20.080 - Dwelling unit minimum area.

The minimum square footage per dwelling unit zone shall be regulated by Section 17.08.020.

(Ord. 336 § 6.07.080, 1977).

17.20.090 - Off-street parking.

Off-street parking zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.07.090, 1977). Chapter 17.22 - RE-20 ZONE

Sections:

17.22.010 - Permitted uses.

Permitted uses in the RE-20 zone:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Section 17.08.100;

C.

Accessory buildings as regulated by Section 17.08.090;

D.

Schools, public elementary and secondary; and

E.

Secondary residential units.

(Ord. 881 § 17, 2004: Ord. 813 § 14, 1999: Ord. 336 § 6.08.000, 1977).

The following uses are permitted in the RE-20 zone subject to issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, warehouses or repair shops;

B.

Churches, parks, playgrounds;

C.

Section 5116 homes as regulated by Chapter 17.80;

D.

Mobile home parks; and

E.

Schools, private elementary and secondary.

(Ord. 881 § 18, 2004: Ord. 821 § 1, 2000: Ord. 813 § 15, 1999: Ord. 581 § 17, 1988; Ord. 517 § 7, 1984; Ord. 514 § 9, 1984; Ord. 336 § 6.08.010, 1977).

17.22.030 - Height regulations.

Height regulations in the RE-20 zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings and structures shall be fourteen feet.

(Ord. 336 § 6.08.020, 1977).

The minimum area for each lot in the RE-20 zone shall be twenty thousand square feet.

(Ord. 336 § 6.08.030, 1977).

The maximum lot coverage by all structures and buildings in the RE-20 zone shall not exceed twenty-five percent of the lot area; provided, however, that up to an additional five percent coverage may be allowed pursuant to a use permit.

(Ord. 336 § 6.08.050, 1977).

17.22.060 - Lot width.

The minimum lot width in the RE-20 zone shall be as follows:

A.

Corner lot: one hundred ten feet;

B.

Interior lot: one hundred feet.

(Ord. 336 § 6.08.060, 1977).

17.22.070 - Setbacks.

No building or structure shall hereafter be erected or enlarged in the RE-20 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than thirty-five feet.

B.

Rear. There shall be a rear setback of not less than thirty feet.

C.

Interior Side. There shall be an interior side setback of not less than ten feet.

D.

Street Side. There shall be a street side setback of not less than twenty feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line whichever provides the greater setback.

(Ord. 336 § 6.08.070, 1977).

The minimum square footage per dwelling unit in the RE-20 zone shall be regulated by Section 17.08.020.

(Ord. 336 § 6.08.080, 1977).

Off-street parking in the RE-20 zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.08.090, 1977).

Chapter 17.24 - RE-30 ZONE

Sections:

17.24.010 - Permitted uses.

Permitted uses in the RE-30 zone:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Section 17.08.100;

C.

Accessory buildings as regulated by Section 17.08.090;

D.

Schools, public elementary and secondary; and

E.

Secondary residential units.

(Ord. 881 § 19, 2004: Ord. 813 § 16, 1999: Ord. 370 (part): Ord. 336 § 6.09.000, 1977).

17.24.020 - Conditional uses.

The following uses are permitted in the RE-30 zone subject to issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, warehouses or repair shops;

B.

Churches, parks, playgrounds;

C.

Section 5116 homes as regulated by Chapter 17.80;

D.

Mobile home parks; and

E.

Schools, private elementary and secondary.

(Ord. 881 § 20, 2004: Ord. 813 § 17, 1999: Ord. 581 § 18, 1988; Ord. 517 § 8, 1984; Ord. 514 § 10, 1984; Ord. 370 (part): Ord. 336 § 6.09.010, 1977).

17.24.030 - Height regulations.

Height regulations in the RE-30 zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings and structures shall be fourteen feet, except barns which shall be a maximum of nineteen feet.

(Ord. 336 § 6.09.020, 1977).

17.24.040 - Lot area.

The minimum area for each lot in the RE-30 zone shall be thirty thousand square feet.

(Ord. 336 § 6.09.030, 1977).

17.24.050 - Lot coverage.

The maximum lot coverage by all structures and buildings in the RE-30 zone shall not exceed twenty percent of the lot area; provided, however, that up to an additional five percent coverage may be allowed pursuant to a use permit.

(Ord. 336 § 6.09.050, 1977).

17.24.060 - Lot width.

The minimum lot width in the RE-30 zone shall be as follows:

A.

Corner lot: one hundred thirty feet;

B.

Interior lot: one hundred twenty-five feet.

(Ord. 336 § 6.09.060, 1977).

No building or structure shall hereafter be erected or enlarged in the RE-30 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than thirty-five feet.

B.

Rear. There shall be a rear setback of not less than thirty feet.

C.

Interior Side. There shall be an interior side setback of not less than ten feet.

D.

Street Side. There shall be a street side setback of not less than twenty feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

(Ord. 336 § 6.09.070, 1977).

17.24.080 - Dwelling unit minimum area.

The minimum square footage per dwelling unit in the RE-30 zone shall be regulated by Section 17.08.020.

(Ord. 336 § 6.09.080, 1977).

17.24.090 - Off-street parking.

Off-street parking in the RE-30 zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.09.090, 1977).

Chapter 17.25 - RE-30 NH ZONE

Sections:

17.25.010 - Permitted uses.

Permitted uses in the RE-30NH zone:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Section 17.08.100;

C.

Accessory buildings as regulated by Section 17.08.090;

D.

Schools, public elementary and secondary; and

E.

Secondary residential units.

(Ord. 881 § 21, 2004: Ord. 813 § 18, 1999: Ord. 631 § 1 (part), 1990).

17.25.020 - Conditional uses.

The following uses are permitted in the RE-30NH zone subject to issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, warehouses or repair shops;

B.

Churches, parks, playgrounds;

C.

Section 5116 homes as regulated by Chapter 17.80;

D.

Mobile home parks; and

E.

Schools, private elementary and secondary.

(Ord. 881 § 22, 2004: Ord. 813 § 19, 1999: Ord. 631 § 1 (part), 1990).

17.25.025 - Prohibited uses.

Horses or other large quadrupeds are prohibited in the RE-30 NH zone.

(Ord. 631 § 1 (part), 1990).

Height regulations in the RE-30 NH zone are:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings and structures shall be fourteen feet, except barns which shall be a maximum of nineteen feet.

(Ord. 631 § 1 (part), 1990).

The minimum area for each lot in the RE-30 NH zone shall be thirty thousand square feet.

(Ord. 631 § 1 (part), 1990).

The maximum lot coverage by all structures and buildings in the RE-30 NH zone shall not exceed twenty percent of the lot area; provided, however, that up to an additional five percent coverage may be allowed pursuant to a use permit.

(Ord. 631 § 1 (part), 1990).

The minimum lot width in the RE-30 NH zone shall be as follows:

A.

Corner lot: one hundred thirty feet;

B.

Interior lot: one hundred twenty-five feet.

(Ord. 631 § 1 (part), 1990).

No building or structure shall hereafter be erected or enlarged in the RE-30 NH zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than thirty-five feet.

B.

Rear. There shall be a rear setback of not less than thirty feet.

C.

Interior Side. There shall be an interior side setback of not less than ten feet.

D.

Street Side. There shall be a street side setback of not less than twenty feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

(Ord. 631 § 1 (part), 1990).

17.25.080 - Dwelling unit minimum area.

The minimum square footage per dwelling unit in the RE-30 NH zone shall be regulated by Section 17.08.020.

(Ord. 631 § 1 (part), 1990).

17.25.090 - Off-street parking.

Off-street parking in the RE-30 NH zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 631 § 1 (part), 1990).

Chapter 17.26 - RE-1 ACRE ZONE

Sections:

17.26.010 - Permitted uses.

Permitted uses in the RE-1 acre zone:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Section 17.08.100;

C.

Accessory buildings as regulated by Section 17.08.090;

D.

Schools, public elementary and secondary; and

E.

Secondary residential units.

(Ord. 881 § 23, 2004: Ord. 813 § 20, 1999: Ord. 370 (part): Ord. 336 § 6.10.000, 1977).

17.26.020 - Conditional uses.

The following uses are permitted in the RE-1 acre zone subject to issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, warehouses or repair shops;

B.

Churches, parks, playgrounds;

C.

Section 5116 homes as regulated by Chapter 17.80;

D.

Mobile home parks; and

E.

Schools, private elementary and secondary.

(Ord. 881 § 24, 2004: Ord. 813 § 21, 1999: Ord. 581 § 19, 1988; Ord. 517 § 9, 1984; Ord. 514 § 11, 1984; Ord. 370 (part): Ord. 336 § 6.10.010, 1977).

17.26.030 - Height regulations.

Height regulations in the RE-1 acre zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings and structures shall be fourteen feet, except barns which shall be a maximum of nineteen feet.

(Ord. 336 § 6.10.020, 1977).

The minimum area for each lot in the RE-1 acre zone shall be one net acre.

(Ord. 336 § 6.10.030, 1977).

The maximum lot coverage by all structures and buildings in the RE-1 acre zone shall not exceed twenty percent of the lot area; provided, however, that up to an additional five percent coverage may be allowed pursuant to a use permit.

(Ord. 336 § 6.10.050, 1977).

17.26.060 - Lot width.

The minimum lot width in the RE-1 acre zone shall be as follows:

A.

Corner lot: one hundred fifty feet;

B.

Interior lot: one hundred fifty feet.

(Ord. 336 § 6.10.060, 1977).

No building or structure shall hereafter be erected or enlarged in the RE-1 acre zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than fifty feet.

B.

Rear. There shall be a rear setback of not less than fifty feet.

C.

Interior Side. There shall be an interior side setback of not less than twenty feet.

D.

Street Side. There shall be a street side setback of not less than thirty feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property, line whichever provides the greater setback.

(Ord. 336 § 6.10.070, 1977).

17.26.080 - Dwelling unit minimum area.

The minimum square footage per dwelling unit in the RE-1 acre zone shall be regulated by Section 17.08.020.

(Ord. 336 § 6.10.080, 1977).

17.26.090 - Off-street parking.

Off-street parking in the RE-1 acre zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.10.090, 1977).

Chapter 17.28 - RE-2 ACRE ZONE

Sections:

Permitted uses in the RE-2 acre zone:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Section 17.08.100;

C.

Accessory buildings as regulated by Section 17.08.090;

D.

Schools, public elementary and secondary; and

E.

Secondary residential units.

(Ord. 881 § 25, 2004: Ord. 813 § 22, 1999: Ord. 370 (part): Ord. 336 § 6.11.000, 1977).

17.28.020 - Conditional uses.

The following uses are permitted in the RE-2 acre zone subject to issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, warehouses or repair shops;

B.

Churches, parks, playgrounds;

C.

Section 5116 homes as regulated by Chapter 17.80;

D.

Mobile home parks; and

E.

Schools, private elementary and secondary.

(Ord. 881 § 26, 2004: Ord. 813 § 23, 1999: Ord. 581 § 20, 1988; Ord. 517 § 10, 1984; Ord. 514 § 12, 1984; Ord. 370 (part): Ord. 336 § 6.11.010, 1977).

17.28.030 - Height regulations.

Height regulations in the RE-2 acre zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings and structures shall be fourteen feet, except barns which shall be a maximum of nineteen feet.

(Ord. 336 § 6.11.020, 1977).

The minimum area for each lot in the RE-2 zone shall be two net acres.

(Ord. 336 § 6.11.030, 1977).

The maximum lot coverage by all structures and buildings shall not exceed ten percent of the lot area; provided, however, that up to an additional five percent coverage may be allowed pursuant to a use permit.

(Ord. 336 § 6.11.050, 1977).

The minimum lot width in the RE-2 acre zone shall be as follows:

A.

Corner lot: two hundred feet;

B.

Interior lot: two hundred feet.

(Ord. 336 § 6.11.060, 1977).

No building or structure shall hereafter be erected or enlarged in the RE-2 acre zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than fifty feet.

B.

Rear. There shall be a rear setback of not less than fifty feet.

C.

Interior side. There shall be an interior side setback of not less than twenty feet.

D.

Street side. There shall be a street side setback of not less than thirty feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from

the adopted plan line or the property, line whichever provides the greater setback.

(Ord. 336 § 6.11.070, 1977).

17.28.080 - Dwelling unit minimum area.

The minimum square footage per dwelling unit in the RE-2 acre zone shall be regulated by Section 17.08.020.

(Ord. 336 § 6.11.080, 1977).

17.28.090 - Off-street parking.

Off-street parking in the RE-2 acre zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.11.090, 1977).

Chapter 17.30 - R-A ZONE

Sections:

A.

There currently exists property in the R-A zone as defined by certain zoning regulations repealed by the ordinance codified in this title.

B.

The R-A zone will cease to exist when all property currently in such zone is place in another zone.

C.

Until such time as a parcel of property is placed in another zone, and notwithstanding Section 1.01.060 of the ordinance codified at this chapter to the contrary, the provisions of those zoning regulations applicable to the R-A zone prior to the adoption of the ordinance codified at this chapter shall be applicable to such property.

(Ord. 336 § 6.12.000, 1977).

Chapter 17.32 - RA-3 ZONE

Sections:

Permitted uses in the RA-3 zone are:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Section 17.08.100;

C.

Accessory buildings as regulated by Section 17.08.090;

D.

Agricultural crops, fruit trees, nut trees, vines, horticulture; and

E.

Secondary residential units.

(Ord. 881 § 27, 2004: Ord. 336 § 6.13.000, 1977).

17.32.020 - Conditional uses.

The following uses are permitted in the RA-3 zone subject to the issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, storage yards, warehouses or repair shops;

B.

Sale of agricultural products produced on the premises;

C.

Greenhouses and nurseries excluding retail sale of plants and products produced off the premises;

D.

§ 5116 homes as regulated by Chapter 17.80;

E.

Stables and barns (but no other accessory buildings) as regulated by Section 17.08.090 where there is no occupied single-family dwelling on the premises, and where a conditional use permit is also issued for the keeping of animals; and

F.

Mobile home parks.

(Ord. 881 § 28, 2004: Ord. 581 § 21, 1988; Ord. 517 § 11, 1984; Ord. 514 § 13, 1984; Ord. 336 § 6.13.010, 1977).

17.32.030 - Height regulations.

Height regulations in the RA-3 zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings or structures shall be fourteen feet, except barns which shall be a maximum of nineteen feet.

(Ord. 336 § 6.13.020, 1977).

17.32.040 - Lot area.

The minimum area for each lot in the RA-3 zone shall be three net acres.

(Ord. 336 § 6.13.030, 1977).

17.32.050 - Lot coverage.

The maximum lot coverage in the RA-3 zone by all structures and buildings shall not exceed ten thousand square feet; provided, however, that additional coverage not exceed five hundred square feet may be permitted pursuant to a use permit.

(Ord. 336 § 6.13.050, 1977).

No lot in the RA-3 zone shall exceed a 3:1 depth-to-width ratio.

(Ord. 336 § 6.13.060, 1977).

17.32.070 - Setbacks.

No building or structure shall hereafter be erected or enlarged in the RA-3 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than fifty feet.

B.

Rear. There shall be a rear setback of not less than fifty feet.

C.

Interior Side. There shall be an interior side setback of not less than fifty feet.

D.

Street side. There shall be a street side setback of not less than fifty feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

(Ord. 336 § 6.13.070, 1977).

17.32.080 - Dwelling unit minimum area.

The minimum square footage per dwelling unit in the RA-3 zone shall be regulated by Section 17.08.020.

(Ord. 336 § 6.13.080, 1977).

17.32.090 - Off-street parking.

Off-street parking in the RA-3 zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.13.090, 1977).

Chapter 17.34 - RA-5 ZONE

Sections:

17.34.010 - Permitted uses.

Permitted uses in the RA-5 zone are:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Section 17.08.100;

C.

Accessory buildings as regulated by Section 17.08.090;

D.

Agricultural crops, fruit trees, nut trees, vines, horticulture; and

E.

Secondary residential units.

(Ord. 881 § 29, 2004: Ord. 370 (part): Ord. 336 § 6.14.000, 1977).

17.34.020 - Conditional uses.

The following uses are permitted in the RA-5 zone subject to the issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, storage yards, warehouses, or repair shops;

B.

Sale of agricultural products produced on the premises;

C.

Greenhouses and nurseries excluding retail sale of plants and products produced off the premises;

D.

§ 5116 homes as regulated by Chapter 17.80;

E.

Stables and barns (but no other accessory buildings) as regulated by Section 17.08.090 where there is no occupied single-family dwelling on the premises, and where a conditional use permit is also issued for the keeping of animals; and

F.

Mobile home parks.

(Ord. 881 § 30, 2004: Ord. 581 § 22, 1988; Ord. 517 § 12, 1984; Ord. 514 § 14, 1984; Ord. 370 (part): Ord. 336 § 6.14.010, 1977).

17.34.030 - Height regulations.

Height regulations in the RA-5 zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings and structures shall be fourteen feet, except barns which shall be a maximum of nineteen feet.

(Ord. 336 § 6.14.020, 1977).

The minimum area for each lot in the RA-5 zone for each lot shall be five net acres.

(Ord. 336 § 6.14.030, 1977).

The maximum lot coverage by all structures and buildings in the RA-5 zone shall not exceed ten thousand square feet; provided, however, that additional coverage not exceeding five hundred square feet may be permitted pursuant to a use permit.

(Ord. 336 § 6.14.050, 1977).

17.34.060 - Lot width.

No lot in the RA-5 zone shall exceed a 3:1 depth-to-width ratio.

(Ord. 336 § 6.14.060, 1977).

No building or structure shall hereafter be erected or enlarged in the RA-5 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than fifty feet.

B.

Rear. There shall be a rear setback of not less than fifty feet.

C.

Interior Side. There shall be an interior side setback of not less than fifty feet.

D.

Street Side. There shall be a street side setback of not less than fifty feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property, line whichever provides the greater setback.

(Ord. 336 § 6.14.070, 1977).

17.34.080 - Dwelling unit minimum area.

The minimum square footage per dwelling unit shall be regulated by Section 17.08.020.

(Ord. 336 § 6.14.080, 1977).

17.34.090 - Off-street parking.

Off-street parking shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.14.090, 1977).

Chapter 17.36 - RA-10 ZONE

Sections:

17.36.010 - Permitted uses.

Permitted uses in the RA-10 zone are:

A.

Single-family dwelling;

B.

Accessory uses as regulated by Section 17.08.100;

C.

Accessory buildings as regulated by Section 17.08.090;

D.

Agricultural crops, fruit trees, nut trees, vines, horticulture; and

E.

Secondary residential units.

(Ord. 881 § 31, 2004: Ord. 370 (part): Ord. 336 § 6.15.000, 1977).

The following uses are permitted in the RA-10 zone subject to the issuance of a conditional use permit:

A.

Public utility buildings and uses, but excluding equipment yards, storage yards, warehouses, or repair shops;

B.

Sale of agricultural products produced on the premises;

C.

Greenhouses and nurseries excluding retail sale of plants and products produced off the premises;

D.

§ 5116 homes as regulated by Chapter 17.80;

E.

Accessory single-family dwellings for agricultural employees;

F.

Stables and barns (but no other accessory buildings) as regulated by Section 17.08.090 where there is no

occupied single-family dwelling on the premises, and where a conditional use permit is also issued for the keeping of animals; and

G.

Mobile home parks.

(Ord. 881 § 32, 2004: Ord. 581 § 23, 1988; Ord. 517 § 13, 1984; Ord. 514 § 15, 1984; Ord. 370 (part): Ord. 336 § 6.15.010, 1977).

17.36.030 - Height regulations.

Height regulations in the RA-10 zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings or structures shall be fourteen feet, except barns which shall be a maximum of nineteen feet.

(Ord. 336 § 6.15.020, 1977).

The minimum area for each lot in the RA-10 zone shall be ten net acres.

(Ord. 336 § 6.15.030, 1977).

The maximum lot coverage by all structures and buildings in the RA-10 zone shall not exceed ten thousand square feet; provided, however, that additional coverage not exceeding five hundred square feet may be permitted pursuant to a use permit.

(Ord. 336 § 6.15.050, 1977).

No lot in the RA-10 zone shall exceed a 4:1 depth-to-width ratio.

(Ord. 336 § 6.15.060, 1977).

No building or structure shall hereafter be erected or enlarged in the RA-10 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than fifty feet.

B.

Rear. There shall be a rear setback of not less than fifty feet.

C.

Interior Side. There shall be an interior side setback of not less than fifty feet.

D.

Street Side. There shall be a street side setback of not less than fifty feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property, line whichever provides the greater setback.

(Ord. 336 § 6.15.070, 1977).

The minimum square footage per dwelling unit shall be regulated by Section 17.08.020.

(Ord. 336 § 6.15.080, 1977).

17.36.090 - Off-street parking.

Off-street parking shall be provided in the RA-10 zone subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.15.090, 1977).

Chapter 17.38 - R-2 ZONE

Sections:

Permitted uses in the R-2 zone:

A.

Single-family dwelling subject to regulations in Chapter 17.12;

B.

Duplex;

C.

Triplex;

D.

Accessory uses as regulated by Section 17.08.100;

E.

Accessory buildings as regulated by Section 17.08.090;

F.

Schools, public elementary and secondary.

(Ord. 813 § 24, 1999: Ord. 336 § 6.16.000, 1977).

The following uses are permitted in the R-2 zone subject to issuance of a conditional use permit;

A.

Public utility buildings and uses, but excluding equipment yards, warehouses or repair shops;

B.

Churches, parks, playgrounds;

C.

Community care facility, day care center or residential facility;

D.

Section 5116 homes as regulated by Chapter 17.80;

E.

Mobile home parks;

F.

Schools, private elementary and secondary.

(Ord. 821 § 2, 2000: Ord. 813 § 25, 1999: Ord. 581 § 24, 1988; Ord. 517 § 14, 1984; Ord. 336 § 6.16.010, 1977).

17.38.030 - Height regulations.

Height regulations in the R-2 zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

C.

The maximum height for accessory buildings and structures shall be fourteen feet.

(Ord. 336 § 6.16.020, 1977).

17.38.040 - Lot area.

The minimum area for each lot in the R-2 zone shall be as follows:

A.

Corner lots: seven thousand square feet;

B.

Interior lots: seven thousand square feet.

(Ord. 336 § 6.16.030, 1977).

The maximum lot area per family unit in the R-2 zone shall be three thousand five hundred square feet.

(Ord. 336 § 6.16.050, 1977).

The maximum lot coverage by all structures and buildings in the R-2 zone shall not exceed fifty percent of the lot area.

(Ord. 336 § 6.16.050, 1977).

The minimum lot width in the R-2 zone shall be as follows:

A.

Corner lot: sixty-five feet;

B.

Interior lot: sixty feet.

(Ord. 336 § 6.16.060, 1977).

No building or structure shall hereafter be erected or enlarged in the R-2 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than twenty-five feet.

B.

Rear. There shall be a rear setback of not less than twenty feet. In addition thereto, not less than one thousand square feet shall remain uncovered on the rear of each lot.

C.

Interior Side. There shall be an interior side setback of not less than five feet.

D.

Street Side. There shall be a street side setback of not less than ten feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

(Ord. 336 § 6.16.070, 1977).

17.38.090 - Dwelling unit minimum area.

The minimum square footage per dwelling unit in the R-2 zone shall be regulated by Section 17.08.020.

(Ord. 336 § 6.16.080, 1977).

17.38.100 - Off-street parking.

Off-street parking in the R-2 zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.16.090, 1977).

Chapter 17.40 - R-3 ZONE[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 1062, § 2(Exh. A2.), adopted Jan. 10, 2017, repealed Ch. 17.40 in its entirety and enacted new provisions to read as herein set out. Former Ch. 17.40, §§ 17.40.005—17.40.090 pertained to similar subject matter, and derived from Ord. No. 336, §§ 6.17.010—6.17.090, adopted in 1977; Ord. No. 517, § 15, adopted in 1984; Ord. No. 555, § 1, adopted in 1986; Ord. No. 581, § 25, adopted in 1988; Ord. No. 813 §§ 26, 27, adopted in 1999; Ord. No. 821 §§ 3—5, adopted in 2000; and Ord. No. 977, Exh. A, A5., adopted Oct. 11, 2011.

17.40.005 - Permitted uses.

Permitted uses in the R-3 zone:

A.

Apartments, townhouses, condominiums (for residential use, including cluster developments);

B.

Accessory buildings subject to regulations in Chapter 17.08;

C.

Accessory uses as regulated by Chapter 17.08;

D.

Duplexes, triplexes, subject to regulations in Chapter 17.38.

(Ord. No. 1062, § 2(Exh. A2.), 1-10-2017)

17.40.010 - Conditional uses.

The following uses are permitted in the R-3 zone subject to issuance of a conditional use permit:

A.

Roominghouses and boardinghouses;

B.

Schools, private or public elementary and secondary.

(Ord. No. 1062, § 2(Exh. A2.), 1-10-2017)

17.40.020 - Height regulations.

Height regulations in the R-3 zone:

A.

The maximum height for principal buildings and structures shall be fifty feet. The maximum allowable height may be increased beyond fifty feet subject to justifications provided and accepted as part of a design review approval.

B.

The maximum height for accessory buildings or structures shall be fourteen feet.

(Ord. No. 1062, § 2(Exh. A2.), 1-10-2017)

17.40.030 - Lot area.

The minimum area for each lot in the R-3 zone shall be as follows:

A.

Corner lots: six thousand five hundred square feet.

B.

Interior lots: six thousand square feet.

(Ord. No. 1062, § 2(Exh. A2.), 1-10-2017)

The maximum lot coverage by all structures and buildings in the R-3 zone shall not exceed sixty percent of the lot area.

(Ord. No. 1062, § 2(Exh. A2.), 1-10-2017)

17.40.060 - Lot width.

The minimum lot width in the R-3 zone shall be as follows:

A.

Corner lot: sixty-five feet;

B.

Interior lot: sixty feet.

(Ord. No. 1062, § 2(Exh. A2.), 1-10-2017)

No building or structure shall hereafter be erected or enlarged in the R-3 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than twenty feet.

B.

Rear. There shall be a rear setback of not less than fifteen feet.

C.

Interior Side. There shall be an interior side setback of not less than ten feet.

D.

Street Side. There shall be a street side setback of not less than fifteen feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

(Ord. No. 1062, § 2(Exh. A2.), 1-10-2017)

The minimum square footage per dwelling unit shall be regulated by Section 17.08.020.

(Ord. No. 1062, § 2(Exh. A2.), 1-10-2017)

Off-street parking shall be provided subject to the regulations in Chapter 17.66.

(Ord. No. 1062, § 2(Exh. A2.), 1-10-2017)

Chapter 17.42 - B-P ZONE

Sections:

17.42.010 - Permitted uses.

Permitted uses in the B-P zone:

A.

Professional offices and clinics;

B.

Accessory buildings subject to regulations in Section 17.08.090;

C.

Accessory uses subject to regulations in Section 17.08.100.

(Ord. 336 § 6.18.000, 1977).

17.42.020 - Conditional uses.

The following uses are permitted in the B-P zone subject to the issuance of a conditional use permit:

A.

Lodges;

B.

Club houses;

C.

Churches;

D.

Community care facility, day care center, or residential facility;

E.

Bar-restaurant combination, restaurant or coffee shop;

F.

Mobile pushcart vending facility.

(Ord. 674 § 3, 1993; Ord. 581 § 26, 1988; Ord. 336 § 6.18.010, 1977).

17.42.030 - Height regulations.

Height regulations in the B-P zone:

A.

The maximum height for principal buildings and structures shall be thirty feet, and the maximum number of stories shall be two, with the following exception:

With a use permit the maximum allowable height may be increased up to fifty feet and the maximum number of stories may be increased up to four.

B.

The maximum height for accessory buildings or structures shall be fourteen feet.

(Ord. 555 § 2, 1986: Ord. 336 § 6.18.020, 1977).

The minimum area for each lot in the B-P zone shall be as follows:

A.

Corner lot: ten thousand square feet;

B.

Interior lot: nine thousand square feet.

(Ord. 336 § 6.18.030, 1977).

The maximum lot coverage by all structures and buildings in the B-P zone shall not exceed sixty percent of the lot area.

(Ord. 336 § 6.18.050, 1977).

17.42.060 - Lot width.

The minimum lot width in the B-P zone shall be as follows:

A.

Corner lot: one hundred feet;

B.

Interior lot: ninety feet.

(Ord. 336 § 6.18.060, 1977).

17.42.070 - Setbacks.

No building or structure shall hereafter be erected or enlarged in the B-P zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than twenty feet.

B.

Rear. There shall be a rear setback of not less than fifteen feet.

C.

Interior Side. There shall be an interior side setback of not less than ten feet.

D.

Street Side. There shall be a street side setback of not less than fifteen feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

(Ord. 336 § 6.18.070, 1977).

17.42.080 - Off-street parking.

Off-street parking in the B-P zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.18.090, 1977).

Chapter 17.44 - C-1 ZONE

Sections:

17.44.010 - Permitted uses.

Permitted uses in the C-1 zone:

A.

Retail Business Establishments. All uses to be conducted entirely within a building with no outside storage or display permitted:

Book store and periodical store;

2.

Record store;

3.

Drug store;

Stationery store;

Gift shop;

Flower shop;

Toy store;

8.

Business or professional office;

Banks;

Soda fountain/ice cream parlor;

Restaurant-bar combination, restaurant, coffee shop;

Arts and crafts store, hobby shop;

Jewelry store;

Confectionery store;

Church;

Bakery/donut shop;

Video store.

B.

Personal Service Establishments. All uses to be conducted entirely within a building with no outside storage or display permitted:

1.

Barber shop;

Beauty shop;

Photographic studio, photo shop;

4.

Radio and/or television repair;

Shoe repair;

Pick-up station for laundry or dry cleaners.

C.

Schools, public elementary and secondary.

(Ord. 813 § 28, 1999: Ord. 692 § 1, 1993: Ord. 464 § 2, 1982; Ord. 461 § 1, 1981; Ord. 336 § 6.19.000, 1977).

17.44.020 - Conditional uses.

The following uses are permitted in the C-1 zone subject to the issuance of a conditional use permit:

A.

Public utility buildings and uses, not excluding equipment or storage yards, warehouses or repair shops;

B.

Exercise or athletic club, figure salon;

C.

Commercial cluster complex;

D.

Day care centers;

E.

Schools, private elementary and secondary;

F.

Schools, college and university;

G.

Schools, specialized education and training;

H.

Hardware stores;

I.

Mobile pushcart vending facility.

(Ord. 813 § 29, 1999: Ord. 692 § 2, 1993: Ord. 674 § 4, 1993; Ord. 650 § 6, 1991; Ord. 581 § 27, 1988; Ord. 492 § 1, 1983; Ord. 362 (part): Ord. 336 § 6.19.010, 1977).

17.44.030 - Height regulations.

Height regulations in the C-1 zone:

A.

The maximum height for principal buildings and structures shall be thirty feet.

B.

The maximum number of stories shall be two.

(Ord. 336 § 6.19.020, 1977).

The minimum area for each lot in the C-1 zone shall be six thousand square feet.

(Ord. 336 § 6.19.030, 1977).

The minimum lot width in the C-1 zone shall be as follows:

A.

Corner lot: sixty-five feet;

B.

Interior lot: sixty-five feet.

(Ord. 336 § 6.19.040, 1977).

17.44.060 - Setbacks.

No building or structure shall hereafter be erected or enlarged in the C-1 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than five feet, except when adjacent to a residential zone, not less than twenty feet.

B.

Rear. There shall be a rear setback of not less than ten feet.

C.

Interior Side. None required except ten feet when adjacent to a residential zone.

D.

Street Side. On corner lots, there shall be a street side setback of not less than ten feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line whichever provides the greater setback.

(Ord. 336 § 6.19.050, 1977).

17.44.070 - Off-street parking.

Offstreet parking in the C-1 zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.19.090, 1977).

No area shall be zoned to the C-1 zone neighborhood commercial zone unless the following minimum area, depth, and width requirements of the total zone are provided:

A.

Minimum zone area: one acre;

B.

Minimum zone width: one hundred forty feet;

C.

Minimum zone depth: one hundred feet.

(Ord. 336 § 6.19.050, 1977).

Chapter 17.46 - C-2 ZONE

Sections:

17.46.010 - Permitted uses.

Permitted uses in the C-2 zone:

A.

Retail Business Establishments. All uses to be conducted entirely within a building with no outside storage or display permitted:

1.

All uses as permitted in the C-1 zone;

2.

Coin-operated laundry or dry cleaners;

3.

Furniture store;

4.

General merchandise store, department store;

Hardware store;

6.

Household appliance store;

7.

Liquor store;

8.

Retail food store;

9.

Adult related businesses, subject to the provisions of Chapter 17.79 and Chapter 5.44;

Variety store.

B.

Personal Service Establishments. All uses to be conducted entirely within a building with no outside storage or display permitted:

1.

All uses as permitted in the C-1 zone;

2.

Theatres, except sex-oriented motion picture theatres as defined in Section 17.79.020;

3.

Exercise or athletic club, figure salon;

4.

Public utility uses, but not including equipment yards, storage yards, warehouses or repair shops.

C.

Schools, public elementary and secondary.

(Ord. 813 § 30, 1999: Ord. 692 § 3, 1993: Ord. 464 §§ 3, 4, 1982; Ord. 336 § 6.20.000, 1977).

(Ord. No. 946, §§ 4, 5, 4-14-2009)

The following uses are permitted in the C-2 zone subject to the issuance of a conditional use permit:

A.

Commercial parking lot;

B.

Retail plant nursery;

C.

Billiard room;

D.

Bowling alley;

E.

Indoor skating rink;

F.

Antique store;

G.

Second-hand goods store;

H.

Gasoline station;

I.

Motel and hotel;

J.

Shopping center;

K.

Convenience store;

L.

Commercial cluster complex;

M.

Day care facility for children under twelve years of age;

N.

Temporary business establishments for the collection of aluminum beverage containers and other ferrous materials. Such use may be authorized by use permit also in any commercial or industrial district which allows uses permitted in the C-2 zone;

O.

Massage parlor;

P.

Day care center;

Q.

Schools, private elementary and secondary;

R.

Schools, college and university;

S.

Schools, specialized education and training;

T.

Automobile service station;

U.

Automobile repair shops (light), as a part of a complex, on a minimum of two acres, with two or more businesses on one or more parcels. The other businesses in the complex shall not be limited to automobile repair shops (light), provided they are determined to be compatible as determined by the planning commission. If more than one parcel is involved, reciprocal parking and access easements shall be required between all parcels involved;

V.

Veterinary clinic;

W.

Mobile pushcart vending facility.

(Ord. 813 § 31, 1999: Ord. 692 § 4, 1993: Ord. 674 § 5, 1993; Ord. 664 § 2, 1992: Ord. 650 § 7, 1991: Ord. 581 § 28, 1988; Ord. 492 § 2, 1983; Ord. 463 § 1, 1982; Ord. 455 § 2, 1981; Ord. 362 (part): Ord. 336 § 6.20.010, 1977).

Height regulations in the C-2 zone:

The maximum height for principal buildings and structures shall be thirty feet, and the maximum number of stories shall be two, with the following exception:

With a use permit the maximum allowable height may be increased up to fifty feet, and the maximum number of stories may be increased up to four.

(Ord. 555 § 3, 1986: Ord. 336 § 6.20.020, 1977).

The minimum area for each lot in the C-2 zone shall be ten thousand square feet.

(Ord. 336 § 6.20.030, 1977).

The minimum lot width in the C-2 zone shall be one hundred feet.

(Ord. 336 § 6.20.040, 1977).

No building or structure shall hereafter be erected or enlarged in the C-2 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than five feet, except when adjacent to a residential zone, not less than ten feet.

B.

Rear. There shall be a rear setback of not less than ten feet.

C.

Interior Side. None required except ten feet when adjacent to a residential zone.

D.

Street Side. On corner lots, there shall be a street side setback of not less than ten feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line of the property line, whichever provides the greater setback.

(Ord. 336 § 6.20.050, 1977).

No area shall be zoned to the C-2 retail business zone unless the following minimum area, width, and depth requirements of the total zone are provided:

A.

Minimum zone area: one acre;

B.

Minimum zone width: one hundred forty feet;

C.

Minimum zone depth: one hundred feet.

(Ord. 336 § 6.20.060, 1977).

17.46.080 - Off-street parking.

Off-street parking shall be provided subject to the regulations of Chapter 17.66.

(Ord. 336 § 6.20.070, 1977).

Chapter 17.48 - C-3 ZONE

Sections:

17.48.010 - Permitted uses.

Permitted uses in the C-3 zone: Uses to be conducted entirely within a building:

A.

All uses permitted in the C-2 zone, excluding the C-1 uses;

B.

Creamery;

C.

Dry cleaners;

D.

Laundry;

E.

Locker plant;

F.

Mortuary;

G.

Nursery, florist;

H.

Plumbing shop;

I.

Secondhand sales;

J.

Wholesaling;

K.

Billiard room;

L.

Bowling alley;

M.

Skating rink;

N.

Churches.

(Ord. 669 § 2, 1992; Ord. 336 § 6.21.000, 1977).

17.48.020 - Conditional uses.

The following uses are permitted in the C-3 zone subject to the issuance of a conditional use permit:

A.

Commercial parking lot;

B.

Gasoline station;

C.

Outdoor storage and sales;

D.

Animal hospital, veterinary clinic;

E.

Auto sales and service;

F.

Automobile service station;

G.

Autobody and paint shop;

H.

Heavy equipment sales and service;

I.

Sheet metal shop;

J.

Tree surgeon establishments;

K.

Convenience store;

L.

Commercial cluster complex;

M.

Mini-storage;

N.

Massage parlor;

0.

Automobile repair shops (light);

P.

Automobile repair shops (heavy);

Q.

Schools, private elementary and secondary;

R.

Schools, college and university;

S.

Schools, specialized education and training;

T.

Mobile pushcart vending facility.

(Ord. 813 § 32, 1999: Ord. 674 § 6, 1993; Ord. 650 § 8, 1991; Ord. 581 § 29, 1988; Ord. 463 § 2, 1982; Ord. 362 (part); Ord. 336 § 6.21.010, 1977).

17.48.030 - Height regulations.

Height regulations in the C-3 zone:

The maximum height for principal buildings and structures shall be thirty feet, and the maximum number of stories shall be two, with the following exception:

With a use permit the maximum allowable height may be increased up to fifty feet, and the maximum number of stories may be increased up to four.

(Ord. 555 § 4, 1986: Ord. 336 § 6.21.020, 1977).

17.48.040 - Lot area.

The minimum lot area for each lot in the C-3 zone shall be twenty thousand square feet.

(Ord. 336 § 6.21.030, 1977).

17.48.050 - Setbacks.

No building or structure shall hereafter be erected or enlarged in the C-3 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than five feet, except when adjacent to a residential zone, not less than ten feet.

B.

Rear. There shall be a rear setback of not less than ten feet.

C.

Interior Side. None required except ten feet when adjacent to a residential zone.

D.

Street Side. On corner lots, there shall be a street side setback of not less than ten feet.

E.

Specified Streets. Front, side, street side, or rear setback required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

(Ord. 336 § 6.21.040, 1977).

The minimum lot width in the C-3 zone shall be one hundred feet.

(Ord. 336 § 6.21.050, 1977).

No area shall be zoned to the C-3 general and service commercial zone unless the following minimum area, depth, and width requirements of the zone are provided:

A.

Minimum zone area: one acre;

B.

Minimum zone width: two hundred feet;

C.

Minimum zone depth: two hundred feet.

(Ord. 336 § 6.21.060, 1977).

17.48.080 - Off-street parking.

Off-street parking shall be provided in the C-3 zone subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.21.070, 1977).

Chapter 17.50 - C-4 ZONE

Sections:

The C-4 zone is intended solely to facilitate development of parcels which have been developed with a mix of commercial uses on existing small lots within two specifically defined areas of the city prior to the adoption of this title. The zone will not be applied to other land within the city.

(Ord. 376 (part): Ord. 336 § 6.21A.000, 1977).

17.50.020 - Permitted uses.

Permitted uses in the C-4 zone:

Retail business establishments: All uses to be conducted entirely within a building with no outside storage, sales or display permitted:

A.

All uses listed as permitted uses within the C-1 zone as set forth in Section 17.44.010;

B.

Retail furniture store;

C.

Household appliance store;

D.

Auto parts store.

(Ord. 376 (part): Ord. 336 § 6.21A.010, 1977).

17.50.030 - Conditional uses.

The following uses are permitted in the C-4 zone subject to the issuance of a conditional use permit:

A.

Uses set forth in Section 17.46.010 as permitted uses in the C-2 zone.

B.

Uses set forth in Section 17.46.020 as uses permitted with a conditional use permit in the C-2 zone.

C.

Uses set forth in Section 17.48.010 as uses permitted with a conditional use permit in the C-3 zone.

D.

Uses set forth in Section 17.48.020 as used permitted with a conditional use permit in the C-3 zone.

(Ord. 581 § 30, 1988; Ord. 376 (part): Ord. 336 § 6.21A.020, 1977).

Height regulations in the C-4 zone:

The maximum height for principal buildings and structures shall be thirty feet, and the maximum number of stories shall be two, with the following exception:

With a use permit the maximum allowable height may be increased up to fifty feet, and the maximum number of stories may be increased up to four.

(Ord. 555 § 5, 1986: Ord. 376 (part): Ord. 336 § 6.21A.030, 1977).

The minimum area for each lot in the C-4 zone shall be seven thousand square feet.

(Ord. 376 (part): Ord. 336 § 6.21A.040, 1977).

The minimum lot width in the C-4 zone shall be fifty feet.

(Ord. 376 (part): Ord. 336 § 6.21A.050, 1977).

No building or structure shall hereafter be erected or enlarged in the C-4 zone unless the following setbacks are provided and maintained:

A.

Front. Building frontages shall abut the existing right-of-way, except as follows:

1.

When adjacent to a residential zone, a building frontage shall not be less than that required for the residential zone;

2.

When parcels are fifty feet or over in width, thirty percent of the building frontage shall be set back a minimum of five feet from the existing right-of-way;

3.

When an unsafe sight-distance for motorists would result.

B.

Rear. There shall be a rear setback of not less than ten feet.

C.

Interior Side. None required except ten feet when adjacent to a residential zone.

D.

Street Side. Building frontage shall abut the existing right-of-way, except as follows:

1.

When adjacent to a residential zone, a building frontage shall not be less than that required for the residential zone;

2.

When parcels are fifty feet or over in width, thirty percent of the building frontage shall be set back a minimum of five feet from the existing right-of-way;

3.

When an unsafe sight-distance for motorists would result.

E.

Specified Streets. Front, side, street side or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by adopted specific plans shall be measured from the adopted plan line(s) or the property line, whichever provides the greater setback.

(Ord. 596 §§ 1, 2, 1988; Ord. 376 (part): Ord. 336 § 6.21A.060, 1977).

The C-4 zone is restricted to certain specified areas for the purposes specified in Section 17.50.010.

(Ords. 376 (part): Ord. 336 § 6.21A.070, 1977).

Off-street parking regulations in the C-4 zone:

A.

One on-site parking space shall be provided for each two hundred fifty square feet of gross floor area.

B.

In lieu of the requirements of subsection A, a fee, as set by resolution of the council, based on the number of square feet of gross floor area may be paid to the city parking lot fund to establish off-street parking for the C-4 zone. All such city parking lots funded by the fees received pursuant to this section shall be located within or immediately adjacent to the C-4 zone.

(Ord. 376 (part): Ord. 336 § 6.21A.080, 1977).

Chapter 17.52 - C-H ZONE

Sections:

The following uses are permitted in the C-H zone subject to the issuance of a conditional use permit:

A.

Hotel;

B.

Motel;

C.

Restaurant-bar combination;

D.

Restaurant;

E.

Retail store incidental to any other use authorized by this section;

F.

Refreshment stand;

G.

Commercial recreation use;

H.

Gasoline station;

I.

Public utility buildings and uses not included equipment or storage yard, warehouse, or shop;

J.

Auto sales and service;

K.

Convenience store;

L.

Commercial cluster complex;

M.

Automobile repair shop (light);

N.

Automobile service station;

O.

Mobile pushcart vending facility.

(Ord. 674 § 7, 1993; Ord. 640 § 9, 1991: Ord. 581 § 31, 1988; Ord. 362 (part): Ord. 336 § 6.22.010, 1977).

17.52.020 - Height regulations.

Height regulations in the C-H zone:

The maximum height for principal buildings and structures shall be thirty feet, and the maximum number of stories shall be two, with the following exception:

With a use permit the maximum allowable height may be increased up to fifty feet, and the maximum number of stories may be increased up to four.

(Ord. 555 § 6, 1986: Ord. 336 § 6.22.020, 1977).

17.52.030 - Lot area.

The minimum area for each lot in the C-H zone shall be twenty thousand square feet.

(Ord. 336 § 6.22.030, 1977).

17.52.040 - Lot width.

The minimum lot width in the C-H zone shall be one hundred feet.

(Ord. 336 § 6.22.040, 1977).

No building or structure shall hereafter be erected or enlarged in the C-H zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than ten feet.

B.

Rear. There shall be a rear setback of not less than ten feet.

C.

Interior Side. There shall be an interior side setback of not less than ten feet.

D.

Street Side. There shall be a street side setback of not less than ten feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

(Ord. 336 § 6.22.050, 1977).

17.52.060 - Zone size minimums.

No area shall be zoned to the C-H highway commercial zone unless the following minimum area, depth and width requirements of the total zone are provided:

A.

Minimum zone area: one acre;

B.

Minimum zone depth: two hundred feet;

C.

Minimum zone width: two hundred feet.

(Ord. 336 § 6.22.060, 1977).

17.52.070 - Off-street parking.

Off-street parking shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.22.070, 1977).

Chapter 17.53 - RESIDENTIAL MINIMUM DENSITY OVERLAY ZONE

Sections:

17.53.010 - Residential minimum density overlay zone.

This chapter establishes the residential minimum density overlay zone (the "RMDO Zone"). The creation of this overlay zone provides a mechanism to establish minimum development densities on a given site as a means to help the city achieve its Regional Housing Needs Allocation (RHNA) obligations.

(Ord. No. 1183, § 4(Exh. A), 1-14-2025)

The purpose and intent of the RMDO Zone is to designate certain properties as suitable for higher density residential uses. It is intended to facilitate the development of affordable multi-family housing for low- and moderate-income households, enable the city to meet its housing goals, and ensure that affordable housing developments will be compatible with surrounding land uses by establishing appropriate development standards.

Although there are some exceptions, zoning typically establishes the maximum density which is allowed on a given site within the density range established by the applicable general plan land use designation. The creation of this overlay zone provides for a mechanism to establish a minimum density on a site-by-site basis that is greater than the applicable General Plan minimum density without having to amend the underlying zoning. Properties included within the RMDO Zone shall be specified on the approved zoning map to indicate both inclusion in the overlay zone and the minimum development density required.

(Ord. No. 1183, § 4(Exh. A), 1-14-2025)

A.

The provisions of this chapter 17.53 shall apply to all those parcels indicated on the approved zoning map depicting the RMDO Zone area, and in a manner consistent with the identification of boundaries for other zones set forth in title 17 and prior decisions of the city regarding the actual boundaries of properties within city land use zones.

B.

Should a provision of this chapter 17.53 conflict with any other provisions of title 17 of the Rocklin Municipal Code, or any other city resolutions, ordinances, or regulations of the city, this chapter shall control.

(Ord. No. 1183, § 4(Exh. A), 1-14-2025)

A.

Residential Minimum Density Overlay—Residential, 24+ (RMDO-R24+)

1.

Allowed uses shall be as regulated by chapter 17.40 (R-3 Zone).

B.

Residential Minimum Density Overlay—Mixed Use, 24+ (RMDO-MU24+)

1.

Allowed residential uses shall be as regulated by chapter 17.40 (R-3 Zone).

2.

Allowed nonresidential uses shall be as regulated by the underlying zoning district.

C.

Residential Minimum Density Overlay—Mixed Use, 10+ (RMDO-MU10+)

1.

Allowed residential uses shall be as regulated by chapter 17.40 (R-3 Zone).

2.

Allowed nonresidential uses shall be as regulated by the underlying zoning district.

(Ord. No. 1183, § 4(Exh. A), 1-14-2025)

A.

The density of a parcel within the RMDO Zone shall be annotated and defined as follows:

1.

Residential Minimum Density Overlay—Residential, 24+ (RMDO-R24+) - minimum density of twenty-four dwelling units per acre.

2.

Residential Minimum Density Overlay—Mixed Use, 24+ (RMDO-MU24+) - if developed as residential, minimum density of twenty-four dwelling units per acre. If developed as nonresidential, allowed uses and requirements would default to the underlying zoning district, as specified below.

3.

Residential Minimum Density Overlay—Mixed Use, 10+ (RMDO-MU10+) - if developed as residential, minimum density of ten dwelling units per acre. If developed as nonresidential, allowed uses and requirements would default to the underlying zoning district, as specified below.

(Ord. No. 1183, § 4(Exh. A), 1-14-2025)

A.

The development standards for the RMDO-R24+ overlay zone designation shall be as follows:

All development standards, including setbacks and height requirements, may be modified subject to justifications provided and accepted as part of a design review approval.

B.

The development standards for non-residential development in the RMDO-MU24+ overlay zone shall be consistent with the uses and standards of the underlying zoning district.

C.

The development standards for residential development in the RMDO-MU24+ overlay zone shall be as follows:

All development standards, including setbacks and height requirements, may be modified subject to justifications provided and accepted as part of a design review approval.

D.

The development standards for non-residential development in the RMDO-MU10+ overlay zone designation shall be consistent with the uses and standards of the underlying zoning district.

E.

The development standards for residential development in the RMDO-MU10+ overlay zone shall be as follows:

(Ord. No. 1183, § 4(Exh. A), 1-14-2025)

Chapter 17.54 - M-1 ZONE

Sections:

The following are permitted in the M-1 zone provided there is no appreciable offensive or objectionable odor, dust, noise, bright lighting, vibration or other nuisance factor, and further provided that the use is conducted within a building, or, where the activity is outside, it is wholly surrounded by a solid masonry wall:

A.

Building materials;

B.

Cabinet shop;

C.

Contractor's yard;

D.

Food processing;

E.

Machine shop;

F.

Outdoor storage and sales;

G.

Public utility service yard;

H.

Warehousing or mini-storage;

I.

Light manufacturing, fabrication, assembly, component manufacturing, small parts processing.

(Ord. 916 § 2, 2007: Ord. 362 (part): Ord. 336 § 6.23.000, 1977).

17.54.020 - Conditional uses.

The following uses are permitted in the M-1 zone subject to the issuance of a conditional use permit:

A.

Retail sales and personal service establishments appurtenant to permitted uses;

B.

Any use specified in Section 17.54.010 which in the opinion of the community development director does not qualify as a permitted use because of the potential for objectionable odor, dust, noise, bright lighting, vibration or other nuisance factors;

C.

Industrial cluster complex;

D.

Auto body and paint shop;

E.

Automobile repair shop (light);

F.

Automobile repair shop (heavy);

G.

Mobile pushcart vending facility;

H.

Automotive dealership;

I.

Car wash;

J.

Automotive rentals.

(Ord. 916 § 3, 2007: Ord. 674 § 8, 1993; Ord. 669 § 3, 1992; Ord. 650 § 10, 1991: Ord. 581 § 32, 1988; Ord. 391: Ord. 336 § 6.23.010, 1977).

The following uses are prohibited in the M-1 zone:

A.

Places of assembly (lodges, clubs, religious facilities, community centers, theaters, etc.);

(Ord. 916 § 4, 2007).

(Ord. No. 946, § 5, 4-14-2009)

Height regulations in the M-1 zone:

The maximum height for principal buildings and structures shall be thirty feet, and the maximum number of stories shall be two, with the following exception:

With a use permit the maximum allowable height may be increased up to fifty feet, and the maximum number of stories may be increased up to four.

(Ord. 555 § 7, 1986: Ord. 336 § 6.23.020, 1977).

The minimum area for each lot in the M-1 zone shall be twenty thousand square feet.

(Ord. 336 § 6.23.030, 1977).

The maximum lot coverage by all structures and buildings in the M-1 zone shall not exceed fifty percent of the lot area.

(Ord. 543 § 1, 1986: Ord. 336 § 6.23.040, 1977).

The minimum lot width in the M-1 zone shall be two hundred feet.

(Ord. 336 § 6.23.050, 1977).

No building or structure shall hereafter be erected or enlarged in the M-1 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than twenty-five feet.

B.

Rear. There shall be a rear setback of not less than ten feet.

C.

Interior Side. There shall be an interior side setback of not less than ten feet.

D.

Street Side. There shall be a street side setback of not less than ten feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

F.

Parking lots and vehicle display areas shall be set back a minimum of fifteen feet from all public rights-ofway and five feet from interior property lines.

(Ord. 916 § 5, 2007: Ord. 336 § 6.23.060, 1977).

Off-street parking in the M-1 zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 916 § 6, 2007: Ord. 336 § 6.23.070, 1977).

Chapter 17.56 - M-2 ZONE

Sections:

The following are permitted in the M-2 zone provided in the opinion of planning department staff, there is no appreciable offensive or objectionable odor, dust, noise, bright lights, vibration, or other nuisance factors:

A.

Industrial uses as authorized and regulated in the M-1 zone;

B.

Wholesale stores and storage;

C.

Service establishments;

D.

Manufacturing and fabrication;

E.

Processing and assembly uses;

F.

Mini-storage.

(Ord. 362 (part): Ord. 336 § 6.24.000, 1977).

The following uses are permitted in the M-2 zone subject to the issuance of a conditional use permit:

A.

Any use specified in Section 17.54.010 or 17.56.010 which in the opinion of planning department staff does not qualify as a permitted use because of some objectional factor;

B.

Auto dismantling;

C.

Bituminous paving plants;

D.

Batch plants, concrete;

E.

Flammable liquid storage;

F.

Storage of petroleum;

G.

Retail sales and personal service establishments appurtenant to permitted or conditional uses;

H.

Industrial cluster complex;

I.

Auto body and paint shops;

J.

Automobile repair shop (light);

K.

Automobile repair shop (heavy);

L.

Churches;

M.

Mobile pushcart vending facility.

(Ord. 674 § 9, 1993; Ord. 669 § 4, 1992; Ord. 650 § 11, 1991: Ord. 581 § 33, 1988; Ord. 391 (part): Ord. 336 § 6.24.010, 1977).

17.56.030 - Height regulations.

Height regulations in the M-2 zone:

The maximum height for principal buildings and structures shall be thirty feet, and the maximum number of stories shall be two, with the following exception:

With a use permit the maximum allowable height may be increased up to fifty feet, and the maximum number of stories may be increased up to four.

(Ord. 555 § 8, 1986: Ord. 336 § 6.24.020, 1977).

17.56.040 - Lot area.

The minimum area for each lot in the M-2 zone shall be one acre.

(Ord. 336 § 6.24.030, 1977).

17.56.050 - Lot coverage.

The maximum lot coverage by all structures and buildings in the M-2 zone shall not exceed fifty percent of the lot area.

(Ord. 543 § 2, 1986: Ord. 336 § 6.24.040, 1977).

17.56.060 - Lot width.

The minimum lot width in the M-2 zone shall be two hundred feet.

(Ord. 336 § 6.24.050, 1977).

17.56.070 - Setbacks.

No building or structure shall hereafter be erected or enlarged in the M-2 zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than twenty-five feet.

B.

Rear. There shall be a rear setback of not less than ten feet.

C.

Interior Side. There shall be an interior side setback of not less than five feet.

D.

Street Side. There shall be a street side setback of not less than ten feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

(Ord. 336 § 6.24.060, 1977).

Off-street parking shall be provided in the M-2 zone subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.24.070, 1977).

No area shall be zoned to the M-2 heavy industrial zone unless the following minimum area, depth, and width requirements of the zone are provided:

A.

Minimum zone area: one acre;

B.

Minimum width: two hundred feet;

C.

Minimum lot depth: two hundred feet.

(Ord. 336 § 6.24.080, 1977).

Chapter 17.57 - AUTOMOTIVE OVERLAY ZONE

17.57.010 - Automotive Overlay zone.

This chapter establishes the Automotive Overlay zone. The creation of this overlay zone provides a mechanism for a person to propose an automotive related development (including autos, boats, RVs, motorcycles, all-terrain vehicles and other vehicles) that is beneficial to the community and implements the city's general plan policy of flexibility and innovation in development and planning techniques. Development of property within the overlay zone is subject to the regulations of Title 17 as modified by this chapter. The properties included within the Automotive Overlay zone shall be indicated on the approved zoning map depicting the Automotive Overlay zone area.

(Ord. No. 1023, § 2(Exh. A), 1-27-2015)

This Automotive Overlay zone is an opportunity to utilize an alternative zoning tool for those properties that are within the boundaries of the Automotive Overlay zone. The property owner shall have the choice of developing property pursuant to the provisions of the underlying zone, or developing property pursuant to the provisions of this chapter. It is the intent of the city council to create an Automotive Overlay zone that will provide for the following:

A.

Implement a streamlined entitlement review and approval process, and eliminate the need for a conditional use permit for outdoor display for automotive related uses within the Automotive Overlay zone area;

B.

Allow for greater flexibility in the application of the city's approved design guidelines and development standards within the overlay zone in a manner grounded in market realities and working with corporate requirements of automotive brands;

C.

Encourage new automotive related uses and the expansion or reinvestment of existing automotive uses within the Automotive Overlay zone area making the regulatory process easier for the owners and tenants to negotiate;

D.

Create a vibrant commercial destination that attracts shoppers locally and from throughout the region, and provides local jobs;

E.

Allow for flexibility of design, and development of outcome-based design goals rather than specific design standards. The design goals should consider the unique characteristics of automotive uses while emphasizing quality design and development.

F.

Creation of the Automotive Overlay zone will establish this area of Rocklin as a desirable location for automotive uses and provide a tool by which the city can attract additional automotive uses and encourage partnerships of existing automotive related businesses. This partnership will in turn provide a mechanism for automotive related businesses to market to potential customers.

(Ord. No. 1023, § 2(Exh. A), 1-27-2015)

A.

The provisions of this Chapter 17.57 shall apply to those parcels indicated on the approved zoning map depicting the Automotive Overlay zone area, and in a manner consistent with the identification of boundaries for other zones set forth in Title 17 and prior decisions of the city regarding the actual boundaries of properties within city land use zones.

B.

Conflict. Should a provision of this Chapter 17.57 conflict with any other provision of Title 17 of the Rocklin Municipal Code, or any other city resolutions, ordinances, or regulations of the city, this chapter shall control.

(Ord. No. 1023, § 2(Exh. A), 1-27-2015)

17.57.040 - Design review approval; fees.

A.

Pursuant to Section 17.72.020(C), the city council designates and authorizes the community development director as the approving authority for design review approvals issued in conformance with this chapter.

B.

The community development director shall have approving authority for design review applications meeting the requirements set forth in subsections 1, 2 and 3 below;

1.

Modifications to an existing building including façade changes.

2.

Expansions of an existing building or construction of new buildings that meet the following criteria;

a.

Compatibility with existing architecture and structures.

b.

The proposed construction matches or exceeds the level of quality for materials used on the existing buildings.

c.

For expansions, square footage of addition is less than fifty percent of the existing building size and not more than ten thousand square feet.

d.

For new building(s), square footage of new structure(s) does not exceed ten thousand square feet and is part of an existing project site that has previously received design review or conditional use permit entitlements from the city.

e.

Does not negatively affect site circulation or parking or encroach into required setbacks.

f.

Provides additional parking as required pursuant to the off-street parking standards, Section 17.57.060(H).

g.

Located on a parcel that is five acres or less in size.

h.

Does not involve the use of significant amounts of hazardous substances.

3.

Site modifications that meet the following criteria;

a.

Surfacing, resurfacing, or layout modification to existing parking areas that does not reduce the number of parking stalls required.

b.

Additions, enhancements or rehabilitation of existing landscape areas or the removal or reduction of landscape areas for other approved site modifications.

c.

ADA accessibility upgrades.

d.

Replacement, repair or modification of fencing or walls.

Additions or expansions that do not meet the criteria above are subject to the standard design review process set forth in Chapter 17.72.

C.

The community development director shall review the application for its compliance with the citywide design review guidelines and the conformity of the proposed project with the surrounding properties. The community development director shall have the authority to, and shall take action to grant, grant with conditions, or deny the design review application based on the information contained in the application and any information obtained from the staff review of the project.

D.

Notwithstanding other provisions for fees adopted by city ordinance or resolution, the fees applicable to review and approval of entitlements issued in conformance with this chapter for projects within the Automotive Overlay zone shall be determined on the fully loaded hourly rate for city staff utilized to review and approve the project development entitlements, up to a maximum fee as follows:

1.

Design review approvals that meet criteria as set forth in Section 17.57.050(B) $3,500.00

2.

Environmental review (if applicable) $3,000.00

E.

The community development director shall prescribe the forms and documents to be filed for a permit under the provisions of the Automotive Overlay zone.

F.

The community development director may act on the application without a formally noticed public hearing. Notice of a pending application pursuant to the Automotive Overlay zone regulations shall be posted on the proposed project site and on the city of Rocklin website. Such notice shall include a project description; specify that any interested person may view the application materials at the city of Rocklin offices during business hours; the ten-day time period when the public may submit written comments on the proposed project to the city; the date whereon the community development director is expected to take action on the proposed project; and the date by which anyone may appeal the final action of the community development director in the manner provided by Chapter 17.86.

(Ord. No. 1023, § 2(Exh. A), 1-27-2015)

In addition to the permitted uses allowed by the existing underlying zone of each parcel, the following uses shall be permitted uses in any commercial zone in the Automotive Overlay zone area:

A.

Automotive dealership, including dealers selling cars, boats, RVs, motorcycles, all-terrain vehicles or any other automotive related uses sold by a dealer as defined by California Vehicle Code Section 285 including outdoor display of such product.

B.

Automobile repair shop (light or heavy); when incidental to an automotive dealership and located within the same structure or on the same property as an automotive dealership; or as a stand-alone use when the repair shop meets the following minimum standards:

1.

Building is a minimum of ten thousand square feet.

2.

The use is fully enclosed within the building with no outdoor repairs or storage of equipment or materials related to the automobile repair, or outdoor storage of vehicles that are in visible disrepair or dirty, unless fully screened from view. Vehicles ready for customer pick up may be parked outside of the building in designated areas, subject to the review and approval of the parking plan and designated area by the community development director.

3.

Hours of operation are limited to 7:00 a.m. to 10:00 p.m.

4.

A noise study may be required if in the opinion of the community development director there may be potential conflicts with sensitive receptors. If the noise study demonstrates that potential conflicts may occur, additional mitigation measures may be required.

C.

Automobile body and paint shop when incidental to and located within the same structure or on the same property as an automotive dealership or an automobile repair shop meeting the criteria set forth in Section 17.57.060(B).

1.

Auto body shop operations shall be in conformance with all Placer County Air Pollution Control District's rule[s] and regulations.

D.

Automobile car wash when incidental to an automotive dealership, automobile repair shop or automobile body and paint shop and located within the same structure or on the same property.

The car wash must be fully enclosed within a building or screened from public view.

2.

All runoff must be directed into the sanitary sewer system.

E.

Automotive rentals, excluding commercial truck rentals, when incidental to an automotive dealership and located within the same structure or on the same parcel as an automotive dealership and comprising less than twenty-five percent of the total building square footage and less than twenty-five percent of the total outdoor display area.

(Ord. No. 1023, § 2(Exh. A), 1-27-2015)

Conditional Uses. In addition to the conditional uses allowed by the existing underlying zone of each parcel, the following uses shall be conditional uses in any commercial zone in the Automotive Overlay zone area:

A.

Automobile repair shop (light or heavy); when it does not meet the criteria set forth in Section 17.57.060(B).

B.

Automobile body and paint shop when it does not meet the criteria set forth in Section 17.57.060(C).

C.

Automotive Rentals. Except those incidental to an automotive dealership and meeting the criteria of Section 17.57.060(E).

(Ord. No. 1023, § 2(Exh. A), 1-27-2015)

To encourage economic development, reinvestment, and enhancement of the properties within the boundaries of the district the following special standards shall apply to all projects authorized under this chapter:

A.

Height Restrictions. The maximum height for principal buildings and structures shall be thirty-five feet and the maximum number of stories shall be two, however, the maximum allowable height and the maximum number of stories may be increased upon approval of a conditional use permit.

B.

Setbacks. Shall be the same as set forth in the underlying zone of the parcel, except that there shall be a minimum of thirty-foot setback required for all buildings from the property line adjacent to Interstate 80. Parking, landscaping, signs, vehicle displays, and similar features shall be allowed within the setback area only as approved as part of a design review permit.

C.

Off-street Parking. Off-street parking shall be provided subject to the regulations of Chapter 17.66 of the Rocklin Municipal Code. Vehicle parking spaces used or set aside for display of automobiles for sale need not conform to standard parking space dimensions. Such areas shall be included as part of the design review permit application, and shall be subject to review as part of the design review process.

D.

Exterior Lighting.

1.

Lighting should be used to provide illumination for the security and safety of on-site areas such as parking, loading, shipping, and receiving, pathways, and working areas as well as contribute to the overall design of the building.

2.

Exterior lighting shall be designed to avoid adverse off-site glare on adjacent properties or public roadways and to provide adequate security. The lighting design, including type, style and mounting system shall ensure no off-site glare.

3.

Maximum height for building and freestanding lighting shall not exceed twenty feet unless integrated as part of the architectural features of the building, signs or other design features and it can be effectively demonstrated that the lighting will not produce off-site glare.

E.

Noise. Any uses allowed within the Automotive Overlay zone shall not use a public address system or an amplified sound system which can be heard outside of the building other than sound systems used for emergency purposes only. The design and layout of automotive uses that have service components shall be designed so that noise is directed away from any adjacent sensitive uses.

F.

Dealership Test Driving. There shall be no test driving of automobiles, motorcycles or other vehicles within any residential subdivision.

G.

Elevated Display Areas. Special display areas that are integrated with the overall project design and use quality materials coordinated with the building style are encouraged and will be subject to review as part of

the design review process. The use of portable automobile ramps or metal scaffolding style ramps is prohibited.

H.

Use of Portable Canopy Structures. The use of portable canopy structures shall be prohibited unless approved for temporary use as part of a special event permit.

I.

Maintenance. The project, including but not limited to paving, landscaping, structures and improvements shall be maintained by the property owner(s) to the satisfaction of the community development director.

J.

Deliveries. Delivery and off-loading of vehicles to any project site shall occur outside of the public right-ofway when possible. Automobile dealerships shall provide designated off-loading areas on the project site unless otherwise approved as part of the design review process and to the satisfaction of the public services director. The off-loading areas and path of travel shall be kept clear during expected delivery times.

K.

Special Advertising Devices. Temporary signs and special advertising devices shall be regulated as set forth in the Rocklin Municipal Code, Section 17.75.070.

L.

Inventory Maintenance. The use of a waterless washing/cleaning process is recommended. Washing or cleaning of vehicles using water shall be done in such a way as to minimize overspray and maximize water conservation. Runoff shall be kept to a minimum and every effort should be made to avoid runoff on sidewalks in the public right of way. All runoff must be directed into the sanitary sewer system.

(Ord. No. 1023, § 2(Exh. A), 1-27-2015)

Any person dissatisfied by an act or determination of the community development director relating to the approval or denial of a project application under this chapter, or the interpretation or enforcement of this chapter, may appeal such act or determination to the planning commission as provided in Chapter 17.86.

(Ord. No. 1023, § 2(Exh. A), 1-27-2015)

Chapter 17.58 - OA ZONE

Sections:

17.58.010 - Conditional uses.

The following uses are permitted in the OA zone subject to the issuance of a conditional use permit:

A.

Parks;

B.

Playgrounds;

C.

Golf courses;

D.

Swimming pools;

E.

Country clubs;

F.

Equestrian facilities;

G.

Museums;

H.

Art galleries;

I.

Public buildings;

J.

Public utility substations;

K.

Commercial uses accessory to permitted or conditional uses, such as refreshment stands, restaurants, sports equipment rental and sales, marinas.

(Ord. 581 § 34, 1988; Ord. 336 § 6.25.000, 1977).

The maximum height for buildings and structures in the OA zone shall be thirty-five feet.

(Ord. 336 § 6.25.010, 1977).

17.58.030 - Lot area.

The minimum area for each lot in the OA zone shall be one net acre.

(Ord. 336 § 6.25.020, 1977).

17.58.040 - Lot coverage.

The maximum lot coverage by all structures and buildings in the OA zone shall not exceed fifty percent of the lot area.

(Ord. 336 § 6.25.030, 1977).

17.58.050 - Lot width.

The minimum lot width in the OA zone shall be two hundred feet.

(Ord. 336 § 6.25.040, 1977).

17.58.060 - Setbacks.

No building or structure shall hereafter be erected or enlarged in the OA zone unless the following setbacks are provided and maintained:

A.

Front. There shall be a front setback of not less than twenty feet.

B.

Rear. There shall be a rear setback of not less than ten feet.

C.

Interior Side. There shall be an interior side setback of not less than ten feet.

D.

Street Side. There shall be a street side setback of not less than ten feet.

E.

Specified Streets. Front, side, street side, or rear setbacks required for lots abutting a highway or street for which rights-of-way are established by the circulation element of the general plan shall be measured from the adopted plan line or the property line, whichever provides the greater setback.

(Ord. 336 § 6.25.050, 1977).

Off-street parking in the OA zone shall be provided subject to the regulations in Chapter 17.66.

(Ord. 336 § 6.25.060, 1977).

Chapter 17.59 - BUSINESS ATTRACTION, RETENTION, AND REVITALIZATION OVERLAY ZONE

This chapter establishes the Business Attraction, Retention, and Revitalization Overlay zone (the "BARRO zone"). The creation of this overlay zone provides a mechanism for a person to propose a commercial, residential or residential—nonresidential—mixed-use development that is beneficial to the community and implements the city's general plan policy of flexibility and innovation in development and planning techniques. Development of property within the overlay zone is subject to the regulations of Title 17 as modified by this chapter. The properties included within the Business Attraction, Retention, and Revitalization Overlay zone shall be indicated on the official zoning maps of the city by distinct shading over the affected properties.

(Ord. No. 986, § 2(Exh. B), 8-14-2012)

17.59.020 - Findings.

In approving this chapter, the city council of the city of Rocklin finds and determines that:

A.

The continued vitality of older commercial areas is essential to the economic well-being of the city and to the needs of citizens.

B.

Fees, project entitlement processes, and development standards created primarily for the development of raw land have the unintended consequence of discouraging the improvement and renovation of older developments; especially those that consist of a single building, a small commercial cluster, and/or undersized and underutilized lots.

C.

Many of the properties located within the Business Attraction, Retention, and Revitalization Overlay zone are characterized by structures that are sixty to one hundred plus years old, small lots, and/or outdated development patterns. As a result the strict application of the development standards found in this title effectively act to discourage the use, redevelopment, and enhancement of individual properties and clusters of properties within the BARRO zone area.

D.

Providing a process for revitalization of older commercial areas focused on flexible development standards, streamlined approval processes, and reduced application fees, will benefit the city by improving their appearance and economic vitality, providing opportunities for pedestrian friendly amenities, and when appropriate, allowing for small scale residential development.

E.

The BARRO zone district currently contains a mix of residential and commercial structures and uses. The creation and implementation of the BARRO zone creates a bridge tool for development in the BARRO zone district. The city council finds that inclusion of both commercial and residential uses in the BARRO zone is consistent with and implements the Rocklin General Plan including the following land use goals and policies:

1.

Goal for Commercial Land Use: To retain and renew existing commercial land uses and designate sufficient new commercial areas to meet future city needs.

2.

Policies for Commercial Land Use:

a.

To promote and renew as needed, the Pacific Street, Rocklin Road, Sunset Boulevard, and Granite Drive business districts in order to provide diversified business opportunities.

b.

To approve designation of sufficient commercial land to meet the future needs of the city.

c.

To ensure that adequate parking and access are included in approved commercial development plans.

d.

To avoid "strip commercial" land uses in newly developing areas by encouraging the "village concept" of grouping commercial land use in village core areas.

e.

To minimize conflicts between new commercial land uses and other land uses, especially residential, park, and recreational uses.

To promote flexibility and innovation in commercial land use through the use of planned unit developments, developer agreements, specific plans and other innovative development and planning techniques.

f.

To maintain development standards and develop new standards, including off-site parking provisions, unique to the central commercial area of Rocklin along Pacific Street from Midas to Farron Streets.

g.

To encourage use of the Rocklin Downtown Revitalization Plan and Design Guidelines when considering projects in the area generally abutting Rocklin Road and Pacific Street from Midas Avenue to Farron Street.

3.

Goal for Residential Land Use: To designate, protect, and provide land to ensure sufficient residential development to meet community needs.

4.

Policies for Existing Residential Land Use:

a.

To protect existing residential areas from the intrusion of incompatible land uses.

b.

To preserve and enhance the quality of existing residential areas by continuing to provide high-quality public services, by rehabilitating useful structures and by removing substandard units.

c.

To continue programs for the prevention of blight, considering all public and private resources available, including: enforcement of all codes, neighborhood rehabilitation programs, and redevelopment agency actions.

d.

To encourage active involvement by individuals and citizen organizations in maintaining and upgrading existing residential neighborhoods.

e.

To encourage preservation and adaptive reuse of significant historic structures and sites.

f.

To require that new development in or near existing residential areas be compatible with those existing neighborhoods.

g.

To promote flexibility and innovation in residential land use through the use of planned unit developments, developer agreements, specific plans, mixed use projects, and other innovative development and planning techniques.

h.

To maintain development standards unique to Old Town Rocklin that encourage residential development on small lots.

(Ord. No. 986, § 2(Exh. B), 8-14-2012)

This Business Attraction, Retention, and Revitalization Overlay zone concept is an opportunity to utilize an alternative zoning tool for those properties that are within the boundaries of the BARRO zone. The property owner shall have the choice of developing property pursuant to the provisions of the underlying zone, or developing property pursuant to the provisions of this chapter. It is the intent of the city council to create an overlay zone district in Title 17, Zoning of the Rocklin Municipal Code that will provide for the following:

A.

Implement a streamlined entitlement review and approval process, and a reduced fee structure, for in-fill development projects within the BARRO zone area;

B.

Allow for reduced infrastructure development standards and greater flexibility in the application of the city's approved design guidelines and development standards within the overlay zone in a manner grounded in market realities;

C.

Improve the appearance and economic vitality of small and/or older commercial structures and developments and thereby contribute to the overall improvement of older commercial areas by making the regulatory process easier for the owners and tenants to negotiate;

D.

Create a vibrant commercial destination with an active street life that would attract travelers and commuters who use Pacific Street as a regional transportation corridor, and where local residents have services, shops, and jobs;

E.

Protect, preserve and maintain the integrity of the existing single-family residential neighborhoods immediately adjacent to the BARRO zone area through innovative and thoughtful design techniques;

F.

Allow for the use of varying architectural design themes, but require that each design is thoughtfully blended and is compatible with adjoining and adjacent development;

G.

Maintain land use and development options so as individual properties become available for development, there are choices between commercial, residential or mixed use projects which are appropriate for current market conditions;

H.

Encourage compatibility between residential and commercial uses in areas where residential zones directly abut commercial zones, by permitting greater design flexibility across the existing boundaries of the two zones; and

I.

Encourage within the BARRO zone the inclusion of a public open space amenity, or some form of physical interface for the pedestrian. Such features may include:

1.

Formal Plazas. A formal plaza would be a publicly accessible open space which has a design that is influenced by classical urban planning design. A formal plaza would typically include some sort of central water fountain and/or symmetrical landscaping.

2.

Urban Gardens. An urban garden can be located on the ground level, or on upper levels of a structure. Urban gardens include ornamental landscaping arranged in raised or at-grade planters or planting areas, potted plants and trees. Many times there are sculptures or other forms of public art that are included within the urban garden.

3.

Covered Colonnades. Colonnades are linear in design and generous in depth. The intent is to provide a comfortably wide, covered pathway that is adjacent to the openings of a building. Sometimes the second floor of a building is utilized to create the "covered" element of the colonnade.

4.

Sidewalk Dining. Sidewalk dining may occur wherever a sidewalk space is ample enough to accommodate dining furniture without impeding pedestrian access of the sidewalk. Sidewalk dining may be defined with a railing or planters, or be open and accessible.

5.

Pedestrian Alleys and Walkways. A pedestrian alley or walkway is typically a "lane" that does not follow the alignment of a vehicular street, but provides a pedestrian access to either a public space or some other feature within the interior of a development. Pedestrian alleys or walkways must be designed in such a manner so as to be inviting to pedestrians. Therefore, issues such as lighting, security, line of sight, cleanliness and visual appeal are important considerations to a well designed pedestrian alley or walkway. Sometimes public art, street furniture and access to shops and public spaces are features of pedestrian alleys and walkways.

J.

Ensure that the appearance and effects of buildings and uses are harmonious with the character of the area in which they are located.

(Ord. No. 986, § 2(Exh. B), 8-14-2012)

A.

The provisions of this Chapter 17.59 shall apply to those areas indicted on the zoning map of the city of Rocklin by distinct shading or other identification, and in a manner consistent with the identification of boundaries for other zones set forth in Title 17, shown on the zoning map of the city of Rocklin, and prior decisions of the city regarding the actual boundaries of properties within city land use zones.

B.

Conflict. Should a provision of this Chapter 17.59 conflict with any other provision of Title 17 of the Rocklin Municipal Code, or any other city resolutions, ordinances, or regulations of the city, this chapter shall control.

(Ord. No. 986, § 2(Exh. B), 8-14-2012)

17.59.050 - Authority for approvals; determination; fees.

A.

Pursuant to Chapter 17.72.020.C, the city council designates and authorizes the community development director as the approving authority for design review approvals issued in conformance with this chapter for projects within those areas affected by the Business Attraction, Retention, and Revitalization Overlay zone.

B.

Notwithstanding Section 17.70.020, the city council designates the community development director as the approving authority for conditional use permits issued in conformance with this chapter for projects within those areas affected by the Business Attraction, Retention, and Revitalization Overlay zone.

C.

The community development director shall review the application for its compliance with the citywide design review guidelines and the Rocklin Downtown Revitalization Plan and Design Guidelines and the conformity of the proposed project with the surrounding properties. The community development director shall have the authority to, and shall take action to grant, grant with conditions, or deny the application based on the information contained in the application and any information obtained from the staff review of the project.

D.

Notwithstanding other provisions for fees adopted by city ordinance or resolution, the fees applicable to review and approval of entitlements issued in conformance with this chapter for projects within the BARRO zone shall be determined on the fully loaded hourly rate for city staff utilized to review and approve the project development entitlements, up to a maximum fee as follows:

Design review approvals $3,500.00

2.

Conditional use permits $2,000.00

3.

Environmental review $3,000.00

E.

The community development director shall prescribe the forms and documents to be filed for a permit under the provisions of the BARRO zone.

F.

When a project subject to design review also requires a discretionary permit, or modification thereof, under Chapter 17.70, the design review application shall be made, processed and heard simultaneously with the other discretionary permit, unless this requirement is waived by the community development director.

G.

For design review applications, the community development director may act on the application without a formally noticed public hearing. Notice of a pending application pursuant to the BARRO zone regulations shall be posted on the proposed project site and on the city of Rocklin website. Such notice shall specify that any interested person may view the application materials at the city of Rocklin offices during business hours; the ten-day time period when the public may submit written comments on the proposed project to the city; the date whereon the community development director is expected to take action on the proposed project; and the date by which anyone may appeal of the final action of the community development director in the manner provided by Chapter 17.86

H.

Projects within the BARRO Zone which include an application for a conditional use permit shall require a noticed public hearing process, pursuant to state law. Following this hearing, the community development director shall have the authority to act on the application.

I.

The community development director shall have the authority to elevate any project within the BARRO Zone to the planning commission if the director determines that the project may impact, or would not be compatible with, surrounding properties, or that the project could adversely impact surrounding uses due to project elements including, but not limited to, traffic, noise and safety impacts. The director may elevate the review at any stage of the process to ensure proper evaluation of potential impacts. If the director determines that elevation to the planning commission is necessary, additional fees may be imposed to compensate the city for the cost of processing the application.

(Ord. No. 986, § 2(Exh. B), 8-14-2012; Ord. No. 1184, § 3(Exh. A), 1-28-2025)

To encourage economic development, reinvestment, and enhancement of the properties within the boundaries of the district the following special standards shall apply:

A.

Nonconforming Standards. Properties located within the Business Attraction, Retention, and Revitalization Overlay zone shall be exempted from the following specific provisions of Title 17, Chapter 17.62, Nonconforming Uses and Structures of the Rocklin Municipal Code:

17.08.080—Commerce or Industry Abutting Residential zone.

17.62.050—Off-street parking deficiency.

17.62.080—Nonconforming use—Conforming structure.

17.62.090—Conforming use—Nonconforming building—Repair and maintenance.

17.62.100—Conforming use—Nonconforming building—Enlargements.

17.62.120—Conforming use—Nonconforming building—Restoration.

17.62.130—Nonconforming use and building—Termination of use.

17.62.140—Nonconforming use and building—Additions, enlargements, repairs.

17.75.070.C.2.—Permit requirements and procedures (signs).

B.

Design Guidelines. The community development director is hereby authorized to exercise wide latitude and significant discretion in determining if, when, and how to apply specific provisions of the Rocklin Downtown Revitalization Plan and Design Guidelines and Design Review Guidelines (Feb. 2008, as amended) applicable to a particular project site based upon the unique characteristics of the project site and the immediately surrounding properties in order to achieve the best possible project consistent with the over all goal of promoting the development of economically viable, cohesive, and attractive neighborhoods.

C.

Parking. Parking is typically one of the most challenging development standards to meet when attempting to develop older in-fill sites. By its very nature, parking requires a significant dedication of land which cannot be translated into leasable sales area or saleable square footage. However, adequate and easily accessible parking is critical to the long term success and viability of any development.

1.

Parking requirements shall be determined on a project specific basis by the community development director after consideration of the on-site parking standards listed in the Rocklin Zoning Code for the type

of development proposed, the physical constraints of the property in question, the availability of nearby onstreet parking and public parking facilities, and other potential mitigating factors.

2.

The Old Town area has a series of public parking lots that can be used to assume some or all of the required off-street parking for new development within the BARRO zone district.

3.

Residential uses will be required to provide on-site parking for each residential unit; however, the guest parking requirements may be a candidate for transfer to nearby public parking lots. Commercial uses may propose to transfer up to their entire on-site parking obligation to public parking lots, however, they will be encouraged to maintain handicapped accessible parking on their property, as well as loading areas.

D.

Performance Standards for Neighborhood Compatibility. The purpose of this subsection is to ensure that uses in the BARRO zone are not adversely impacted by the adjacent uses, both on-site and off-site, including, but not limited to traffic, noise, and safety impacts. In the interests of both the residents and the businesses, no project entitlement shall be approved for a project combining residential and commercial uses on the same site, unless the project is designed to meet the following performance standards, in addition to all other applicable regulations of this chapter.

1.

Noise.

a.

Residential units shall be constructed so that interior noise levels do not exceed an Ldn of 45 dB(A) in any habitable room.

b.

Commercial uses shall be designed and operated, and hours of operation limited where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity.

c.

Common walls between residential and nonresidential uses shall be constructed to minimize the transmission of noise and vibration.

2.

Security.

a.

The residential units shall be designed with specific consideration towards the security of residents, including, but not limited to, the provision of separate and secured entrances.

b.

Nonresidential and residential uses located on the same floor of the same building shall not have common entrance hallways or common balconies.

c.

Parking spaces for nonresidential and residential uses shall be specifically designated by posting, pavement marking, and/or physical separation.

3.

Lighting.

a.

All outdoor lighting associated with commercial uses shall be designed so as not to substantially and adversely impact surrounding residential uses, while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink, flash, occilate, or be of unusually high intensity of brightness.

b.

Parking areas shall be illuminated so as to provide appropriate visibility and security during hours of darkness.

4.

Odors, Dust, Vibration. No commercial use shall be designed or operated so as to expose residents to offensive odors, dust, electrical interference, and/or vibration.

5.

Refuse Storage and Location. The residential units shall maintain a separate refuse storage container from that used by the commercial uses. It shall be clearly marked for residential use only, and use by commercial uses is prohibited.

6.

To the extent feasible, the five factors listed above shall be considered and incorporated into the design of all nonresidential projects abutting existing residential zones. Residential projects abutting existing nonresidential projects shall be designed to incorporate as many design features as necessary to mitigate for the five factors listed above.

(Ord. No. 986, § 2(Exh. B), 8-14-2012)

The administrative approval authority set forth in this chapter shall be limited to projects of a size and scope which are consistent with the standards for in-fill development set forth in the California Environmental Quality Act Guidelines CCR Section 15332—In-Fill Development Projects and the further restrictions set forth in this section. Those standards are as follows:

A.

The project is consistent with the applicable general plan designation and the general plan policies set forth in subsection 17.59.020E. above, as well as the zoning designation and regulations stated in this chapter.

B.

The proposed development is on a project site of no more than five acres substantially surrounded by urban uses.

C.

The project site has no value as habitat for endangered, rare, or threatened species.

D.

Approval of the project would not result in any significant effects relating to traffic, noise, air quality, greenhouse gas emissions, or water quality.

E.

The site is adequately served by all required utilities and public services.

F.

A project proposing additional story on buildings originally approved by the city council are ineligible for administrative review and approval under this chapter and shall be subject to design review as set forth in Chapter 17.72.

(Ord. No. 986, § 2(Exh. B), 8-14-2012; Ord. No. 1184, § 3(Exh. A), 1-28-2025)

A.

All permitted or conditionally permitted uses in the underlying zone are permitted uses unless the community development director determines that the proposed use warrants the application of operational conditions. In those cases where operational conditions of approval are necessary to make the proposed use compatible with the surrounding uses, a conditional use permit shall be required. In addition, to promote an active street life, enhance the vitality of businesses, and reduce vehicular traffic, residential structures and uses are permitted in the BARRO zone district.

B.

The following uses may be permitted, subject to review and approval of a conditional use permit (CUP):

1.

Breweries, distilleries, and wineries.

2.

Live music.

3.

Event centers.

4.

Artisan food and beverage production/tasting rooms.

5.

Art galleries and creative studios (ceramics/pottery, paint & sip businesses, etc.) open to the public.

6.

Other uses of a similar nature, as determined by the community development director, that enhance street life and promote business activity.

(Ord. No. 986, § 2(Exh. B), 8-14-2012; Ord. No. 1184, § 3(Exh. A), 1-28-2025)

Any person dissatisfied by an act or determination of the community development director relating to the approval or denial of a project application under this chapter, or the interpretation or enforcement of this chapter, may appeal such act or determination to the planning commission as provided in Chapter 17.86.

(Ord. No. 986, § 2(Exh. B), 8-14-2012)

Chapter 17.60 - PD ZONE

Sections:

A.

The planned development (PD) zone provides the means for greater creativity and flexibility in environmental design than is provided under the strict application of the zoning and subdivision ordinances, while at the same time protecting the public health, safety and welfare and property values. Various land uses may be combined in a planned development zone including combinations of residential, commercial, industrial, utility, institutional, educational, cultural, recreational and other uses, provided the combination of uses results in a balanced and stable environment.

B.

The specific purposes of the planned development zone are to:

1.

Promote and encourage cluster development on large sites to avoid sensitive areas of property;

2.

Encourage creative and innovative design on large sites by allowing flexibility in property development standards;

3.

Encourage the preservation of open space;

4.

Accommodate various types of large scale, complex and phased developments;

5.

Establish a procedure for the development of large tracts of land in order to reduce or eliminate the rigidity, delays, and conflicts that otherwise would result from application of zoning standards designed primarily for small lots.

(Ord. 832 § 1 (part), 2000).

PD zone, or a unit thereof, shall be of sufficient size that its construction, marketing and operation is feasible as a complete unit independent of any subsequent unit.

(Ord. 832 § 1 (part), 2000).

17.60.030 - Planned development—Required plans and materials.

A.

An application for a PD zone shall be submitted in the form of a general development plan and shall contain the following:

1.

A statement of the purpose of the PD zone;

2.

A map showing the proposed PD zone boundaries and existing and proposed uses on all adjoining properties to the PD zone;

3.

A map showing the proposed pattern of land uses, including acreage for each category of land use, residential density, and land use intensity for nonresidential uses;

4.

A list of proposed land uses, including permitted uses and conditionally permitted uses;

5.

Development standards for all development within the PD zone, including minimum lot dimensions, setbacks, building height, lot coverage and parking;

6.

Description of the differences between the development standards applicable to the proposed uses under this title (zoning ordinance) and the proposed plan;

7.

Proposed circulation system showing the location of arterial and collector streets and interconnections with adjoining streets;

8.

Public uses including schools, parks, recreational areas and other open space areas;

9.

Preliminary grading plan (if required by the city engineer);

10.

Phasing of development;

11.

Other information as may be prescribed by the planning director.

(Ord. 832 § 1 (part), 2000).

A.

After review by the planning director, the proposed general development plan shall be submitted to the planning commission as a proposed rezoning of the property to the PD zone. The commission shall act thereon as in any rezoning, and shall have full authority to recommend altering or modifying the proposed general development plan.

B.

The proposed general development plan shall be considered by the council as in other rezoning matters. The council may alter or modify the proposed general development plan. If the rezoning is approved, the general development plan shall constitute the development restrictions for the PD zone covered by the plan. Any provision contained in any section of this title not addressed by the general development plan shall apply within the PD zone.

(Ord. 881 § 33, 2004; Ord. 832 § 1 (part), 2000).

Noticing shall be consistent with the requirements of [Section] 17.02.080.

(Ord. No. 1061, § 4, 12-13-2016; Ord. No. 1072, § 4, 6-13-2017)

PD zoning approvals shall include maps and text containing the information outlined in Section 17.60.030.

(Ord. 832 § 1 (part), 2000).

A PD zone shall be noted by the designation "PD," followed by the ordinance number approving the PD on the zoning map.

(Ord. 832 § 1 (part), 2000).

Upon the establishment of a PD zone, development within the zone may commence provided all other applicable regulations, including design review under Rocklin Municipal Code Chapter 17.72, have been satisfied.

(Ord. 832 § 1 (part), 2000).

All development within PD zones or under general development plans which were adopted prior to the effective date of Ordinance No. 832 shall require design review pursuant to Chapter 17.72 instead of approval of a specific plan use permit.

(Ord. 832 § 1 (part), 2000).

Chapter 17.61 - H-D ZONE

Sections:

17.61.010 - Purpose and intent.

The H-D zone is established and is intended to enhance the value and distinctive character of the city of Rocklin's historic Front Street area that exists along First Street, between Rocklin Road and Farron Street. The area to which the H-D zone shall apply shall be known as the "Front Street historic district."

The development of land within the Front Street historic district should be controlled so as to create an exciting and visible community, capitalizing on the area's proud heritage. To achieve this purpose, it is necessary to impose reasonable restrictions upon the use and erection of new buildings and structures and the alteration of existing and relocated buildings and structures. The revitalization of the Front Street historic district is in keeping with the objectives and proposals of the general plan for the city.

(Ord. 480 § 1 (part), 1982: Ord. 336 § 14.01.000, 1977).

The regulations as defined in this chapter shall apply in the Front Street historic district of the city.

(Ord. 480 § 1 (part), 1982: Ord. 336 § 14.02.000, 1977).

The Front Street historic district boundaries are as designated on certain City Zoning Maps No. 11-7-19N and No. 11-7-191S.

(Ord. 480 § 1 (part), 1982: Ord. 336 § 14.02.010, 1977).

17.61.040 - Historic committee established.

The Front Street historic committee is established to consider any plans for construction in the H-D district, and to advise on all matters related thereto.

(Ord. 480 § 1 (part), 1982: Ord. 336 § 14.03.000, 1977).

17.61.050 - Front Street historic committee designated.

The planning commission shall act as the Front Street historic committee and exercise all of its functions.

(Ord. No. 1010, § 2, 4-8-2014)

Editor's note— Section 2 of Ord. No. 1010, adopted April 8, 2014, changed the title of § 17.61.050 from "Interim committee designated" to "Front Street historic committee designated."

17.61.060 - Committee powers and duties.

A.

It is the duty of the committee to administer and ensure compliance with the regulations and procedures contained within this chapter, in the manner prescribed herein. It is its responsibility to recommend to the planning commission any changes to regulations applicable to the district, provided such changes are necessary for the proper execution of the adopted plan, and to adopt rules of procedure to supplement those contained within this chapter.

B.

The committee shall adopt, subject to the review and approval of the city council, architectural criteria and standards to be used in evaluating the appropriateness of any development for which a permit is applied under the provisions of this chapter.

C.

The architectural criteria and standards shall insure that all applications for approval of exterior work are treated uniformly and fairly and promote consistency. Architectural criteria and standards shall be used to assure:

1.

That rehabilitation work shall not destroy the distinguishing qualities or character of the structure and its environment. The removal or alteration of any historic material or architectural features should be held to a minimum;

2.

That deteriorated architectural features are repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should match the material being replaced in the composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of original features, substantiated by physical or pictorial evidence rather than on conjectural designs or the availability of different architectural features from other buildings;

3.

That distinctive, stylistic features or examples of skilled craftsmanship which characterize historic structures and often predate the mass production of building materials be treated with sensitivity;

4.

That changes which may have taken place in the course of time and which have acquired significance in their own right be recognized and respected;

5.

That all structures be recognized as products of their own time. Alterations to create an earlier appearance shall be discouraged;

6.

That contemporary design for additions to existing structures or landscaping shall not be discouraged if such design is compatible with the size, scale, color, material, and character of the neighborhood, structures, or its environment;

That wherever possible, new additions or alterations to structures be done in such a manner that if they were to be removed in the future, the essential form and integrity of the original structure would be unimpaired;

8.

That new construction not necessarily mimic historic structures, but assure that new construction be compatible with traditional buildings within the historic area;

9.

That alterations or new construction of storefronts, windows, doors, cornices, roofs, masonry materials, colors, and signs be compatible with a uniform design and construction theme established for the Front Street historic district by the city.

D.

The committee may approve, modify, or disapprove any application for a building permit for which review by the committee is required under Chapter 17.72, based upon compliance or noncompliance with the adopted regulations and approved architectural criteria and standards.

E.

It shall not be the responsibility of the committee to prepare or adopt precise area or community plans.

(Ord. 480 § 1 (part), 1982: Ord. 336 § 14.03.050, 1977).

(Ord. No. 1010, §§ 3, 4, 4-8-2014)

Editor's note— Section 3 of Ord. No. 1010, adopted April 8, 2014, repealed former § 17.61.060, which pertained to committee membership, and derived from Ord. No. 336, § 14.03.020, adopted in 1977; and Ord. No. 480, § 1(part), adopted in 1982. Section 4 of said ordinance renumbered former § 17.61.090 as § 17.61.060.

Any application for a building permit for the erection of any new building or structure, or for exterior work involving remodeling, repair, alteration, addition to, or demolition of any existing building or structure, where such work is subject to public view from streets or alleys, within the Front Street historic district, or for the relocation of any building or structure into the district, shall be subject to the review of the committee and/or the planning director as provided under this chapter.

(Ord. 480 § 1 (part), 1982: Ord. 336 § 14.04.000, 1977).

(Ord. No. 1010, §§ 3, 4, 4-8-2014)

Editor's note— Section 3 of Ord. No. 1010, adopted April 8, 2014, repealed former § 17.61.070, which pertained to terms of committee members, and derived from Ord. No. 336, § 14.08.030, adopted in 1977; Ord. No. 480, § 1(part), adopted in 1982; and Ord. No. 708, § 5, adopted in 1994. Section 4 of said ordinance renumbered former § 17.61.100 as § 17.61.070.

The application for the building permit shall include the following, in addition to all other information required for building permit applications under any other regulation or ordinance of the city:

A.

The purpose for which the proposed building, structure, or improvement is intended to be used;

B.

Adequate plans and specifications indicating dwelling unit density, lot area, lot coverage and off-street parking;

C.

Adequate plans and specifications for the building and improvements showing the exterior appearance, color, and texture of materials and architectural design of the exterior;

D.

Adequate plans and specifications for any outbuildings, party walls, courtyards, fences, setbacks, landscaping, signs, lighting, traffic safety, or other dependency thereof;

E.

A Preliminary Grading Plan. When the grading plan is revised after the building permit application and preliminary grading plan have been considered and approved by the committee, the revised plan shall be filed with the director and shall be subject to the same decision making process and findings requirements as the original application, except that the subsequent review shall be limited to the revised grading plan and the effects of the revisions on the originally approved project;

F.

Any other information deemed necessary by the committee, the planning director, or the building inspector to judge compliance with the regulations contained herein and other applicable laws and regulations.

(Ord. 633 § 4, 1990; Ord. 480 § 1 (part), 1982: Ord. 366 § 14.04.010, 1977).

(Ord. No. 1010, §§ 3, 4, 4-8-2014)

Editor's note— Section 3 of Ord. No. 1010, adopted April 8, 2014, repealed former § 17.61.080, which pertained to secretary of the committee, and derived from Ord. No. 336, § 14.08.030, adopted in 1977; and Ord. No. 480, § 1(part), adopted in 1982. Section 4 of said ordinance renumbered former § 17.61.110 as § 17.61.080.

17.61.090 - Application—Referral.

A.

The building inspector shall refer all applications submitted under the provisions of Section 17.61.100 to the planning director.

B.

The planning director may approve signs, reroofing, and any addition to or alteration of any structure which the director determines to be minor in scope, providing the director can conclude that the application conforms to the regulations contained herein and the approved architectural standards and criteria. The planning director may refer these types of items to the committee for its action. All other applications shall be referred to the committee.

(Ord. 480 § 1 (part), 1982: Ord. 366 § 14.04.020, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

Editor's note— Former § 17.61.120.

The committee may approve, modify or disapprove any application for a building permit referred to it by the planning director. Approval or disapproval shall be by a majority vote of all the members of the committee at any meeting where the vote is taken, and shall include a statement that the committee finds that the building, structure, or improvement for which the permit was applied does or does not conform to the regulations contained herein and the approved architectural standards and criteria.

(Ord. 480 § 1 (part), 1982: Ord. 366 § 14.04.030, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

Editor's note— Former § 17.61.130.

Within forty-five days after the submission of a complete application to the building inspector as required in this chapter, the committee or planning director shall send their decision in writing to the building inspector with the application and documents, except when the applicant requests or agrees to an extension of time.

(Ord. 480 § 1 (part), 1982: Ord. 366 § 14.04.040, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

Editor's note— Former § 17.61.140.

If the committee or planning director approves the application, and the building inspector finds that the application conforms to all other regulations and ordinances of the city, the building inspector shall then issue the permit for the work.

(Ord. 480 § 1 (part), 1982: Ord. 366 § 14.04.050, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

Editor's note— Former § 17.61.150.

All other applications for building permits under the building code and not subject to this chapter shall be processed in the normal manner, without referral to or approval by the committee or the planning director, unless this would be done in the normal processing of the permit.

(Ord. 480 § 1 (part), 1982: Ord. 366 § 14.04.050, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

Editor's note— Former § 17.61.160.

The following uses are permitted in the H-D zone subject to the issuance of a conditional use permit:

1.

All uses permitted in the C-1 zone;

2.

Tourist shops, including the sale of souvenirs, sporting goods, and sportswear;

3.

Antique shops;

4.

Hotels, motels, lodges and associated uses;

5.

Furniture and appliance stores;

6.

General merchandise stores or department stores;

7.

Theaters;

8.

Convenience stores;

Retail plant nursery;

10.

Churches;

11.

Dry-cleaning establishments;

12.

Shopping centers and commercial cluster complexes;

13.

Public and private parking lots;

14.

Residential dwellings including apartments and condominiums;

15.

Outside storage or sales;

16.

Outside businesses (i.e., cafes, food marts, gift shops, etc.);

17.

Commercial recreational uses;

18.

Any other use which the planning commission may find to be similar in character to the uses listed in this section.

(Ord. 581 § 36, 1988; Ord. 480 § 1 (part), 1982: Ord. 366 § 14.05.010, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

Editor's note— Former § 17.61.170.

The approval of a conditional use permit by the commission for any use in the H-D zone shall be conditioned on and shall specify lot size, lot width, and setback requirements for the project, which requirements shall be based on a recommendation from the committee.

(Ord. 480 § 1 (part), 1982: Ord. 366 § 14.04.050, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

Editor's note— Former § 17.61.180.

(Ord. 480 § 1 (part), 1982: Ord. 366 § 14.04.030, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

17.61.160 - Height regulation.

A.

The maximum height for buildings and structures shall be thirty feet.

B.

The maximum number of stories on any building or structure shall be two.

(Ord. 480 § 1 (part), 1982: Ord. 366 § 14.06.000, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

Editor's note— Section 3 of Ord. No. 1010, adopted April 8, 2014, repealed former § 17.61.190, which pertained to review of uses by the Front Street historic committee, and derived from Ord. No. 366, § 14.04.030, adopted in 1977; and Ord. No. 480, § 1(part), adopted in 1982. Section 4 of said ordinance renumbered former § 17.61.200 as § 17.61.160.

17.61.170 - Lot area.

The lot area shall be established by conditions on the conditional use permit by the planning commission, with a recommendation by the committee.

(Ord. 480 § 1 (part), 1982: Ord. 366 § 14.06.010, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

Editor's note— Former § 17.61.210.

17.61.180 - Lot width.

The lot width shall be established by conditions on the conditional use permit by the planning commission, with a recommendation by the committee.

(Ord. 480 § 1 (part), 1982: Ord. 366 § 14.06.020, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

Editor's note— Former § 17.61.220.

17.61.190 - Setbacks.

The setbacks shall be established by conditions on the conditional use permit by the planning commission, with a recommendation by the committee.

(Ord. 480 § 1 (part), 1982: Ord. 366 § 14.06.030, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

Editor's note— Former § 17.61.230.

17.61.200 - Off-street parking.

A.

Residential uses as set forth in Sections 17.66.020, 17.66.100 and 17.66.130 shall provide on-site parking space as required by Chapter 17.66.

B.

All other uses shall provide one on-site parking space for each two hundred fifty square feet of gross floor area.

C.

In lieu of the requirements of subsection B of this section, a fee, as set by resolution of the council, based on the number of square feet of gross floor area may be paid to the city parking lot fund to establish offstreet parking for the Front Street historic district. All such city parking lots funded by the fees received pursuant to this section shall be located within or immediately adjacent to the Front Street historic district.

(Ord. 480 § 1 (part), 1982: Ord. 366 § 14.06.040, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

Editor's note— Former § 17.61.240.

Any interested person may appeal the decision of the Front Street historic committee to the planning commission and the city council in the manner prescribed in Chapter 17.86.

(Ord. 480 § 1 (part), 1982: Ord. 366 § 14.07.000, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

Editor's note— Former § 17.61.250.

17.61.220 - Existing uses.

Any use existing on the effective date of this title, which is listed as a conditional use in the H-D zone, shall not be deemed nonconforming because a conditional use permit has not been obtained as provided for in this title.

(Ord. 480 § 1 (part), 1982: Ord. 366 § 14.08.000, 1977).

(Ord. No. 1010, § 4, 4-8-2014)

Editor's note— Former § 17.61.260.

Chapter 17.62 - NONCONFORMING USES AND STRUCTURES

Sections:

Within the zones established by this title or by amendments which may later be adopted, there exist lots, structures, and uses of land or any combination thereof which were lawful before the ordinance codified in this title was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this title. The council declares that nonconforming uses and structures are incompatible with permitted uses and structures in the zones involved and shall not be enlarged, expanded, or extended. Further, nonconforming uses and structures are intended to be eliminated as soon as practical.

(Ord. 336 § 8.01.000, 1977).

The passage and adoption of the ordinance codified in this title shall not be construed to make conforming a use of land, building, or structure which was nonconforming as determined by the regulations of any prior zoning ordinance of the city.

(Ord. 336 § 8.01.010, 1977).

Any use existing on the effective date of the ordinance codified in this title, which is listed as a conditional use in the zone wherein located, and for which a conditional use permit has not been granted, shall be and remain a nonconforming use until a conditional use permit is obtained as provided in Chapter 17.70.

(Ord. 336 § 8.01.020, 1977).

The council may, after a hearing before the planning commission on the subject, cause a nonconforming use to become a conforming use upon the issuance of a conditional use permit generally as provided in Chapter 17.70. The council shall require such conditions as to make the use as nearly conforming to the zone as possible. In addition thereto, the council shall make a finding in writing that the nonconforming use as conditioned will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the use, or be detrimental or injurious to property and improvements in the neighborhood or of the general welfare of the city. In no instance can the council grant such a use permit unless the use is in conformity with the general plan.

(Ord. 336 § 8.01.030, 1977).

If the automobile parking space maintained on a lot in connection with a building or other structure at the time the ordinance codified in this title was adopted was insufficient to meet the requirements of this title, or where no parking space has been provided, the building or structure shall not be altered or enlarged to create additional dwelling use, seating capacity, floor area or guestrooms, as the case may be, unless additional automobile parking space is supplied and maintained to meet the requirements of this title for such additional dwelling units, seating capacity, floor area or guestrooms.

(Ord. 336 § 8.01.040, 1977).

In any residential zone, an existing structure used for residential purposes (and any accessory building) shall not be deemed nonconforming solely on the basis that one or more setbacks is insufficient; provided, however, that the insufficiency of any one setback does not exceed twenty-five percent of the setback as required by this title.

(Ord. 369: Ord. 336 § 8.01.050, 1977).

The nonconforming use of land where there are not structures may be continued, provided, however:

A.

Such use shall not be expanded or extended in any way either on the same or adjoining land;

B.

Such use shall not be changed, except to a use which conforms to the regulations of the zone in which such land is located;

C.

If such use is discontinued for a period of ninety days or more, whether or not there was the intent to abandon such use [, it may not be continued].

(Ord. 336 § 8.02.000, 1977).

The nonconforming use of land, where the structures are conforming, may be continued until:

A.

The use is declared a nuisance by the council or a court of competent jurisdiction; or

B.

The use is abandoned for ninety days, whether or not there was the intent to abandon such use.

(Ord. 347 (part): Ord. 336 § 8.03.000, 1977).

17.62.090 - Conforming use—Nonconforming building—Repair and maintenance.

A nonconforming building or structure, where the use of land is conforming, may be maintained or repaired; provided, that for any period of twelve consecutive months such repair and maintenance shall not exceed twenty-five percent of the current replacement costs of the nonconforming building or structure.

(Ord. 336 § 8.04.000, 1977).

A building or structure which is nonconforming because of its location on the lot shall not be added to or enlarged unless such nonconforming building or structure and the addition and enlargements thereto are all made to conform to the regulations of the zone in which it is located.

(Ord. 336 § 8.04.010, 1977).

17.62.110 - Conforming use—Nonconforming building—Relocation.

A nonconforming building or structure shall not be moved to any other lot or to any other portion of the lot in which it is presently located unless, as a result of the move, the building or structure conforms to the regulations of the zone in which it will be located after the move.

(Ord. 336 § 8.04.020, 1977).

17.62.120 - Conforming use—Nonconforming building—Restoration.

A nonconforming building or structure which is damaged or partially destroyed by any reason to the extent of not more than fifty percent of its value at that time, may be restored and the occupancy or use of such building, structure or part thereof which existed at the time of such partial destruction, may be continued or resumed; provided, that the total cost of such restoration does not exceed fifty percent of the value of the building or structure at the time of such damage and that such restoration is started within a period of one year and is diligently prosecuted to completion. In the event such damage or destruction exceeds fifty percent of the value of such nonconforming building or structure, no repairs or construction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings in the zone in which it is located. The value shall be determined by the building inspector in accordance with the provisions of the Uniform Building Code.

(Ord. 336 § 8.04.030, 1977).

A nonconforming use of land, with nonconforming buildings, shall terminate as follows:

A.

When declared a public nuisance by the council or a court of competent jurisdiction; or

B.

When abandoned for a period of ninety days, whether or not there was the intent to abandon such use.

(Ord. 347 (part): Ord. 336 § 8.05.000, 1977).

17.62.140 - Nonconforming use and building—Additions, enlargements, repairs.

Except where ordered by the building inspector to protect the health and safety of the occupant, there shall be no addition, alteration, or repair of any building or structure where the use of land and the structure are both nonconforming.

(Ord. 336 § 8.05.010, 1977).

17.62.150 - Existing secondary residential unit or accessory dwelling unit.

Grandfathering Clause. All units within the definition of "accessory dwelling unit" in Section 17.04.015 or "junior accessory dwelling unit" in Section 17.04.275 existing on the effective date of this section shall be deemed legal uses for purposes of Title 17 of this code.

(Ord. 514 § 17, 1984).

(Ord. No. 1124, § 8, 3-10-2020)

Editor's note— Ord. No. 1124, § 8, adopted March 10, 2020, changed the title of § 17.62.150 from "Existing second unit" to read as herein set out.

Chapter 17.63 - SPECIAL EVENTS

Sections:

17.63.010 - Special event—Exemptions.

The following special events are exempt from the regulations and requirements of this chapter:

A.

Garage sales;

B.

Wedding receptions;

C.

Car washes;

D.

Other special events determined by the planning director to have no impacts in surrounding properties.

(Ord. 688 § 3 (part), 1993).

17.63.020 - Special event—Administrative review.

A.

"Special event—administrative review" means a special event whose impacts on surrounding properties and rights-of-way are minimal, as determined by the planning director under Section 17.63.060.

B.

Examples of special event—administrative review uses include the following:

1

Christmas tree sales;

Pumpkin sales;

Arts or crafts exhibitions;

Private sidewalk/parking lot sales.

5.

Temporary parking lots for community events on public or private property.

(Ord. 688 § 3 (part), 1993).

(Ord. No. 1050, § 1, 3-8-2016)

17.63.030 - Special event—City council review.

A.

"Special event—city council review" means a special event whose impacts on surrounding properties and rights-of-way may be substantial, as determined by the planning director under Section 17.63.060.

B.

Examples of special event—city council review uses include the following:

1.

Flea markets;

Athletic events;

3.

Rodeos;

Carnivals;

5.

Festivals;

6.

Outdoor dances;

Fairs;

Circuses.

(Ord. 688 § 3 (part), 1993).

A special event, as regulated by this chapter, may be allowed in any zone upon first obtaining a special event permit in accordance with the provisions of this chapter.

(Ord. 688 § 3 (part), 1993).

The planning director shall prescribe the forms and documents to be filed for a special event permit. The forms and documents shall be filed with the planning director and accompanied, as required, by the following:

A.

A description of the site which may include a map drawn to scale showing lot lines and dimensions, ingress and egress points, improved areas, grading plans, parking, traffic control locations and a description, including location, of all signs;

B.

A fee as specified in the current city council fee resolution;

C.

Written authorization of the subject property owner or his/her designated representative agreeing to the special event;

D.

The names and mailing addresses of the property owners as shown on the last county equalized assessment roll for properties within three hundred feet of the special event site;

E.

A written explanation of the nature and duration of the special event;

F.

Such additional information as the planning director may require.

(Ord. 688 § 3 (part), 1993).

17.63.060 - Classification of special event use.

A.

Upon receipt of a completed application for a special event permit, the planning director shall determine if the proposed use requires "administrative review" or "city council review." The following criteria shall be considered by the planning director for such a determination:

1.

Parking (e.g., adequacy of number, location, circulation design, safety, etc.);

2.

Frequency (e.g., possible conflicts with other activities within the community);

3.

Nuisance issues (e.g., dust, noise, odor, etc.);

4.

Circulation (e.g., assurance of pedestrian and vehicular circulation safety);

5.

Public safety (e.g., assurance of providing and maintaining open fire lanes, providing on-site security personnel and on-site emergency care service);

6.

Lighting (e.g., assurance of adequate on-site lighting and limiting off-site light and glare);

Attendance (e.g., number of attendees will affect public safety requirements, adequate number of restroom facilities, as well as many of the other listed criteria);

8.

Clean-up (e.g., assure removal of temporary structures, equipment, debris, etc.);

9.

Duration (e.g., assure appropriate hours of operation and length of the event);

10.

Location (e.g., assure compatibility with surrounding land uses and adequacy of pedestrian and vehicular access);

11.

Signage (e.g., assure size and location that does not obstruct required visibility at driveway locations);

12.

Public notice (e.g., assure standard public noticing of the event where wider impacts to the community may be involved);

13.

Other (e.g., criteria that may be unique to the proposed special event).

B.

The director shall notify the applicant of his/her determination within five working days of receiving a completed application.

(Ord. 688 § 3 (part), 1993).

A.

Upon determination that the application will be processed as administrative review, the planning director shall review the application for its compliance with Section 17.63.060. The planning director shall have the authority to, and shall take action to grant, grant with conditions, or deny the application based on the information contained in the application and any information obtained from the staff review of the project. The planning director shall render his/her decision in writing, setting forth the findings of fact supporting the decision, and shall serve the applicant with the written decision within ten days of the planning director's determination. The decision is subject to a ten-day appeal period, and shall not become final until such time has expired.

The planning director may act on the application without initial prior notice to adjoining owners of property affected by the special event permit and without a hearing. If the planning director grants or conditionally

grants the special event permit, he/she shall give notice of the action to those persons who would have received notice of a hearing before the planning commission had the application been for a conditional use permit under Article III of Chapter 17.70. Such notice shall specify that any interested person, other than the applicant, may appeal the action of the planning director in the manner provided by Chapter 17.86.

B.

For special events determined by the planning director to require city council review, a noticed public hearing shall be held by the city council. Noticing shall be consistent with the requirements of [Section] 17.02.080. The notice shall include a description of the proposed use and its location, and the date, hour and place of the hearing. At the conclusion of the hearing, the city council shall grant, grant with conditions, or deny the application. The decisions of the city council shall be in writing, setting forth the findings of facts supporting the decision, and shall be served on the applicant within ten days.

(Ord. 688 § 3 (part), 1993).

(Ord. No. 1072, § 5, 6-13-2017)

The decision to grant a special event permit shall be based on a finding by the decision-making body that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the city.

(Ord. 688 § 3 (part), 1993).

The decision-making body may condition the granting of a special event permit, as necessary, to protect the public health and safety and to effect the purpose of this title. Such conditions may include but are not limited to the following:

A.

Regulation of the placement of the use or equipment associated with the special event;

B.

Regulation of the height of equipment associated with the special event;

C.

Regulation of the nature, hours of operation, or extent of the special event;

D.

Noise attenuation measures;

E.

Expiration date;

F.

Liability insurance;

G.

Bonding;

H.

Cleaning deposit.

(Ord. 688 § 3 (part), 1993).

17.63.100 - Revocation and modification.

The provisions of Sections 17.70.070, 17.70.080, 17.70.090 and 17.70.100 of this title relating to the expiration for failure to exercise the permit, revocation and modification, and new applications, shall apply to special event permits.

(Ord. 688 § 3 (part), 1993).

17.63.110 - Permit denial—Appeal procedure.

Any person aggrieved by an action of the planning director may appeal the action directly to the city council. All other provisions of Chapter 17.86 shall govern the appeal of a decision or special event permit.

(Ord. 688 § 3 (part), 1993).

Chapter 17.64 - SPECIAL AND PROHIBITED USES

Sections:

17.64.010 - Special uses—Designated.

Special uses are as follows:

A.

Airport and landing fields;

B.

Cemeteries;

C.

Establishment of enterprises involving large assemblies of people or automobiles on a permanent basis, including:

1.

Amusement parks and race tracks;

2.

Recreational facilities privately operated;

D.

Hospitals, sanitariums;

E.

Institutions of charitable nature;

F.

Removal or deposit of earth other than in connection with construction of buildings, roadways, or home or public improvements on the site.

(Ord. 688 § 2, 1993: Ord. 336 § 7.01.010, 1977).

17.64.020 - Special uses—Use permit—Criteria.

A.

All of the uses listed in Section 17.64.010 and all matters directly related thereto, are declared to be uses possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the zones defined in this title. Therefore, the authority for the location or the operation of any of the uses designated in this chapter shall be subject to the issuance of a use permit in accordance with the provisions of Chapter 17.70.

B.

In addition to the criteria set forth in Chapter 17.70 for determining whether or not a conditional use permit should be issued, the hearing body shall consider the following additional factors in determining whether the uses listed in this chapter will be incompatible with other uses permitted in the zone and surrounding areas. Such factors are:

1.

Damage or nuisance from noise, smoke, odor, dust, vibrations or water pollution;

2.

Hazard from explosion, contamination or fire;

3.

Hazard occasioned by unusual volume or character of traffic, or the congregating of a large number of people or vehicles.

(Ord. 581 § 37, 1988; Ord. 336 § 7.01.000, 1977).

The following uses are prohibited in all zones, and no conditional use permit shall be issued therefor:

A.

Kennels for purposes of breeding and raising animals for sale;

B.

Junkyard;

C.

Refuse disposal site.

(Ord. 890 § 3, 2004; Ord. 889 § 3, 2004; Ord. 568 § 2, 1987; Ord. 336 § 7.01.020, 1977).

(Ord. No. 1084, § 7, 11-14-2017; Ord. No. 1099, § 4, 6-26-2018)

17.64.060 - Single room occupancy (SRO) facilities.

A.

Subject to the approval of a conditional use permit single room occupancy (SRO) facilities may be permitted in the following zone districts:

1.

Commercial Highway (C-H).

2.

Retail Business Commercial (C-2).

3.

General Service Commercial (C-3).

4.

General Retail Service Commercial (C-4).

5.

Planned development districts: Subject to the approval of a conditional use permit SRO facilities may be permitted in any planned development (PD) district that would also allow hotels or motels.

B.

Criteria in General. The following are the minimum criteria applicable to all new single room occupancy (SRO) facilities:

1.

All SRO facilities are subject to approval of conditional use permit and design review entitlements.

2.

Occupancy.

(a)

SRO rooms shall be occupied by no more than two persons.

(b)

SRO rooms shall be occupied as the primary residence of the tenant. Transient occupancy of SRO rooms shall not be allowed. For purposes of this section "transient" shall be as defined in RMC Section 5.24.020.

3.

Proximity to transit and alternative transportation modality shall be considered and encouraged in the siting of all SRO facilities.

4.

Unit Size. SRO rooms shall be a minimum of one hundred fifty square feet in area and a maximum of four hundred square feet in area.

5.

Facilities.

(a)

Kitchen. No kitchen facilities are required to be provided. Full or partial individual kitchen facilities may be provide for each room, or one common (shared) kitchen/dining area may be provided if the developer/operator so desires.

(b)

Bathrooms. Private bathroom facilities shall be provided within each unit to include, at a minimum, a toilet and wash basin. Bathtubs and/or shower facilities shall be provided but may be provided within individual rooms, or may be shared.

(c)

Laundry Facilities. A common laundry area shall be provided at a rate of not less than one washer and one dryer for the first ten rooms, with one additional washer and one additional dryer provided for every five additional rooms or fraction thereof.

(d)

Accessibility. Any and all common facilities shall be provided as fully accessible, to the satisfaction of the building official.

6.

Manager's Office or Unit. An on-site management office or manager's unit shall be provided. "House rules" shall be submitted as a part of the use permit application.

7.

Parking. Parking for SRO facilities shall be provided one space for every two SRO rooms, plus one space for the management unit or office and one space for each employee, if any, on maximum shift.

8.

Storage for Residents. A private, secured storage space of not less than fifty cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual SRO rooms; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each SRO room, and shall be of sufficient construction to protect stored items from weather.

(Ord. No. 977, Exh. A, A7., 10-11-2011)

A.

Kennels, for boarding of animals for commercial or noncommercial purposes, except as specified in Section 17.64.030.A, are permitted in the following zone districts subject to issuance of an administrative permit by the economic and community development director and compliance with the criteria set forth in Section 17.64.070.B:

1.

C-1: neighborhood commercial zone;

2.

C-2: retail business zone;

C-3: general and service commercial zone;

4.

C-4: limited general retail and service commercial zone;

5.

C-H: highway commercial zone;

6.

M-1: manufacturing zone;

7.

M-2: heavy industrial zone;

8.

Planned development zone districts equivalent to the above.

B.

Permit Approval/Modification/Revocation.

1.

Consistent with the provisions of this chapter, the economic and community development director shall issue an administrative permit to operate a kennel if, in the opinion of the economic and community development director, the premises on which the kennel will be located has been improved and is of sufficient size to accommodate the number of animals which the owner of such kennel anticipates will be on the premises, without causing any disturbance or annoyance to persons in the surrounding area subject to ongoing compliance with the criteria set forth in this chapter and any special conditions of approval deemed necessary by the economic and community development director.

2.

A permit to operate a kennel may be modified or revoked by the economic and community development director when he/she determines any of the following:

(a)

That the animals in the kennel are causing continual annoyance and disturbance to persons in the surrounding area;

(b)

That the animals within the kennel are not being given proper care;

(c)

That circumstances have changed since the issuance of the kennel license, and in view of such circumstances, the premises are no longer suitable for the operation of a kennel.

3.

Any person whose license to operate a kennel is denied, modified or revoked by the economic and community development director may appeal such determination, in accordance with the procedures specified in Chapter 17.86 of this title.

C.

All kennels shall comply with the following criteria:

1.

The premises and surroundings are maintained in a clean and sanitary state;

2.

All animals housed in the facility are kept in good health, well fed, watered, and receive adequate care and exercise;

3.

The building or tenant space in which the kennel is located shall be improved and maintained such that animals housed therein do not cause regular annoyance and disturbance to persons in the surrounding area, including but not limited to noise, odor, waste disposal, etc.;

4.

The use shall be conducted entirely within a building with no outside activities or storage;

5.

The facility shall comply with all applicable regulations and requirements of county and state agencies;

6.

The economic and community development director may place such conditions on the permit as may be necessary to protecting the public health, safety and welfare.

(Ord. No. 1084, § 8, 11-14-2017)

Chapter 17.65 - SURFACE MINING AND RECLAMATION

Sections:

The city council of the city finds and determines that:

A.

The extraction of minerals is essential to the continued economic well-being of the city and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety;

B.

The reclamation of mined lands as provided for in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land;

C.

Surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that the reclamation operations and specifications therefore may vary accordingly.

(Ord. 568 § 1 (part), 1987).

A.

The ordinance codified in this chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Chapter 9, Public Resources Code, Sections 2710 et seq.

B.

It is the intent of the city council to create and maintain an effective and comprehensive surface mining and reclamation policy with regulation of surface mining operations so as to assure that:

1.

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a useable condition which is readily adaptable for alternative land uses;

2.

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment;

3.

Residual hazards to the public health and safety are eliminated.

(Ord. 568 § 1 (part), 1987).

There is created the surface mining combining zone which may be combined with any other zone. Development of the property within the combining zone is subject to regulations of this chapter. The

director of community development shall indicate the approval on the official zoning maps of the city by placing after the zoning designation on the property the symbol "SM."

(Ord. 568 § 1 (part), 1987).

17.65.014 - Applicability.

A.

The provisions of this chapter shall apply to the incorporated area of the city.

B.

The provisions of this chapter shall not apply to any of the following activities provided all the necessary permits, such as grading permits are obtained.

1.

Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster;

2.

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amount of less than one thousand cubic yards in any one location of one acre or less;

3.

Surface mining operations that are required by federal law in order to protect a mining claim if such operations are conducted solely for that purpose;

4.

Any surface mining operation that does not involve either the removal of a total of more than one thousand cubic yards of minerals, ores, and overburden, or involve more than one acre in any one location;

5.

Such other surface mining operations which the city council determines to be of an infrequent nature and which involve only minor surface disturbances.

(Ord. 568 § 1 (part), 1987).

A.

"The Act" means the California Surface Mining and Reclamation Act of 1975, Public Resources Code Section 2710 et seq.

B.

"Exploration" or "prospecting" means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling or any surface or underground works needed to determine the type, extent, or quantity of minerals present.

C.

"Mined lands" means, the surface, subsurface and groundwater of any area in which surface mining operations will be, are being, or have been conducted including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, all other materials or property which result from, or are used in, surface mining operations are located.

D.

"Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum.

E.

"Mining waste" includes the residual of soil, rock, mineral, liquid, vegetation, equipment machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.

F.

"Operator" means any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.

G.

"Overburden" means soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations.

H.

"Permit" means any formal authorization from or approval by the city, the absence of which would preclude surface mining operations.

I.

"Person" means any individual, firm, association, corporation, organization or partnership or any city, county, district, or the state or any department or agency thereof.

J.

"Reclamation" means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects, incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger

to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

K.

"State Board" means the State Mining and Geology Board, in the Department of Conservation, state of California.

L.

"State Geologist" means the individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code.

M.

"Surface mining operations" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:

1.

In place distillation or retorting or leaching;

2.

Production and disposal of mining waste;

3.

Prospecting and exploratory activities;

4.

Borrow pitting, streambed skimming, segregation and stockpiling of mined materials (and recovery of same).

(Ord. 568 § 1 (part), 1987).

A.

Any person, except as provided in Section 2776, California Surface Mining and Reclamation Act of 1975, who proposes to engage in surface mining operations as defined in this chapter shall, prior to the commencement of such operations obtain:

1.

A permit to mine;

2.

Approval of a reclamation plan, in accordance with the provisions set forth in this chapter and as further provided in Article 5, of the Act. A fee as established by city council resolution shall be paid to the city at the time of filing.

B.

Vested Rights.

1.

No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues; provided, however, that no substantial changes may be made in any such operation except in accordance with the provisions of this chapter. A person shall be deemed to have such vested rights if, prior to January 1, 1976, he has in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefore. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.

2.

A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the granting authority and receive, within a reasonable period of time, approval of a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city prior to January 1, 1976, and the person submitting the plan has accepted responsibility for reclaiming the mined lands in accordance with reclamation plan.

3.

Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or reclamation of, mined lands on which surface mining operations were commenced and terminated prior to January 1, 1976.

C.

The State Geologist shall be notified of the filing of all permit applications.

D.

This chapter shall be continuously reviewed and revised, as necessary, in order to ensure that it is in accordance with the state policy for mined lands reclamation.

(Ord. 568 § 1 (part), 1987).

17.65.017 - Reclamation plan.

A.

The permit to mine and reclamation plan shall be applicable to a specific piece of property or properties, and shall be based upon the character of the surrounding area and such characteristics of the property as type of overburdened, soil stability, topography, geology, climate, stream characteristics, and principal commodities.

B.

The reclamation plan shall include the following information:

1.

Names and addresses of property owners, owners of surface rights, owners of mineral rights, lessees, operators and agents;

2.

Location, including legal description, of the mined lands (to be) involved by the operation, including:

a.

Geologic description, including brief, general geologic setting, more detailed geologic description of the mineral deposit to be mined and principal minerals or rock types present,

b.

Access route(s),

c.

Location and vicinity map;

3.

Quantity and type of mineral commodities to be mined:

a.

Geologic description including brief general geologic setting, more detailed geologic description of the mineral deposit to be mined and principal minerals or rock types present,

b.

Brief description of environmental setting of the site and surrounding areas. Describe existing area land use, soil, vegetation, groundwater elevation and surface water characteristics, average annual rainfall and/or other factors pertaining to environmental impacts and their mitigation and reclamation;

4.

Surface mining operation—Proposed or existing:

a.

Starting date, estimated life of operation, phasing duration of first phase, whether the operation will be seasonal, continuous or intermittent,

b.

The estimated volume in cubic yards per year,

c.

The total anticipated production of mineral commodities to be removed, waste retained on the site, waste disposed off-site and the maximum anticipated depth,

d.

Mining method,

e.

If processing of ores and/or minerals mined is planned at or adjacent to the site, the nature of processing and the disposal method of tailings and waste,

f.

Geologic, soil and water data:

i.

Soil types and erosion potential of same on subject property,

ii.

Existing drainage patterns,

iii.

Existing surface water quality,

iv.

Anticipated water demand,

v.

Location of any sewage facilities on subject property and/or within three hundred feet adjacent to project site,

vi.

Source and volume type of fill to be used, if any,

vii.

A description of the manner in which contaminates will be controlled,

viii.

A plan for waste disposal, both solid and liquid, that is generated on-site,

ix.

A description of the manner in which rehabilitation of affected streambanks to a condition minimizing erosion and sedimentation will occur,

x.

A plan for review and approval detailing proposed solutions for final drainage patterns upon completion of excavation,

g.

The operation shall comply with all rules and regulations of the Placer County air pollution control district,

h.

If the nature of the deposit and mining method permit, describe and show steps or phases of the mining operation that allow concurrent reclamation, and include a proposed time schedule for such concurrent activities,

i.

Attach a map of mined lands and/or suitable aerial photograph showing:

i.

Boundaries and topographic details of the site,

ii.

Location of all streams, roads, railroads water wells, and utility facilities within five hundred feet of the site,

iii.

Location of all currently proposed access roads to be constructed in conducting the surface mining operation(s),

iv.

Location of areas (to be) mined, and of waste dumps and tailings ponds,

v.

By use of overlay symbol or color, depiction of separate mining phases if applicable (see Section 17.65.017(B)(4)(h)),

vi.

The source of map base, orientation (north arrow), and scale (e.g., 1″ = 100′, etc.) of the map,

vii.

Traffic haul routes along with anticipated frequency of trips,

viii.

Setbacks which are a minimum of twenty-five feet from public right-of-way and ten feet from side and rear property lines in which no disturbance of existing terrain shall occur,

ix.

Location of equipment storage area settling ponds and drainage solutions,

x.

Noise contours around the property which will result with project implementation may be required depending upon type and location of the operation,

j.

Fencing requirements to insure public safety shall be as specified in the conditional use permit,

k.

A visual buffer or screen shall be provided along any road right-of-way and along any property lines where adjacent incompatible uses exist (i.e., schools, parks, residential offices, etc.) as specified in the conditional use permit;

5.

Reclamation plan:

a.

Indicate on an overlay map areas to be covered on the reclamation plan including acreage,

b.

Describe the ultimate physical condition of the site and specify proposed uses(s) or potential use(s) of the mined lands as reclaimed,

c.

Relationship of the interim uses other than mining and the ultimate physical condition to zoning regulations and general plan and plan elements,

d.

Evidence that all owners of a possessory interest in the land have been notified of the proposed uses(s) or potential uses identified above,

e.

Describe soil conditions and proposed soil salvage plan,

f.

An assessment of the effect of implementation of the reclamation plan on future mining in the area,

g.

Describe the methods, their sequence and timing, to be used in bringing the reclamation of the land to its end state. Indicate on map or diagram as necessary. Include discussion of the pertinent items listed below:

i.

Backfilling and grading,

ii.

Stabilization of slopes,

iii.

Stabilization of permanent waste dumps, tailings, etc.,

iv.

Rehabilitation of premining drainage,

v.

Removal, disposal, or utilization of residual equipment, structures, refuse, etc.,

vi.

Control of contaminants, especially with regard to surface runoff and groundwater,

viii.

Treatment of streambeds and streambanks to control erosion and sedimentation,

viii.

Removal or minimization of residual hazards,

ix.

Resoiling, revegetation with evidence that selected plants can survive the site's topography, soil and climate;

h.

If the applicant has selected a short-term phasing plan, describe in detail the specific reclamation to be accomplished in the first phase,

i.

A description of how the reclamation of this site may affect further mining at this site and in the surrounding area,

j.

An analysis of cost to restore the site in accordance with the proposed reclamation plan. A cost shall be associated to each phase of development.

(Ord. 568 § 1 (part), 1987).

A.

An application for a surface mining permit and/or a reclamation plan shall be on forms developed and procedures adopted for a conditional use permit pursuant to Chapter 17.70 of this title. In addition to the information required by Chapter 17.70, the information listed in Section 17.65.016 and any additional information may be required when deemed necessary for evaluation of the proposal shall be required with the application.

B.

The community development department shall review the permit application and the reclamation plan and shall schedule each for a public hearing, provided the filing is complete.

C.

If an application for a mining permit and reclamation plan is submitted by the same applicant on the same piece of property or properties, the granting authority may, in its discretion, combine both the application and the review into one public hearing.

D.

The public hearing shall be held to consider the issuance of a permit for the proposed surface mining operation. Such public hearing shall be conducted pursuant to the procedures set forth in Sections 17.70.040 and 17.70.045.

(Ord. 581 §§ 38, 39, 1988; Ord. 568 § 1 (part), 1987).

Upon a finding by the council that a supplemental guarantee for the reclamation of the mined land is necessary, the following procedure shall be followed:

A.

Each year, prior to a specified date, the mine operator shall submit a map or verbal description of the approximate area to be disturbed during the following year, as well as an estimate of the cost for the reclamation of that area in accordance with the approved or amended reclamation plan. The estimate of cost shall be subject to review and confirmation by the community development department.

B.

A surety bond, lien, or other security guarantee conditioned upon the faithful performance of the following year's reclamation, in a form approved by the city attorney, shall be filed with the city. Such surety shall be executed in favor of the city, and shall be maintained in an amount equal to the confirmed cost estimate.

C.

Prior to acceptance of the surety, the community development department shall determine whether the prior year's reclamation has been accomplished in accordance with the approved or amended reclamation plan. Consideration shall be given to the phasing of reclamation in an area where operations are to extend beyond year.

D.

Upon certification that the prior year's reclamation has been accomplished, the surety posted for that work shall be released and the new surety shall be initiated.

(Ord. 581 § 40, 1988; Ord. 568 § 1 (part), 1987).

A.

As a condition of approval for the permit or reclamation plan on both, a schedule for periodic inspections of the site shall be established to evaluate continuing compliance with the permit and reclamation plan.

B.

Failure by the permittee to allow such inspection shall constitute grounds for revocation of the permit.

(Ord. 568 § 1 (part), 1987).

A.

Amendments to an approved reclamation plan may be submitted detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by the council.

B.

The procedure for amendments shall be the same procedure for processing the reclamation plan in the first instance.

(Ord. 581 § 41, 1988; Ord. 568 § 1 (part), 1987).

A.

Reclamation plans, reports, applications and other documents submitted pursuant to this chapter are public records unless it can be demonstrated to the satisfaction of the city that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information.

B.

A copy of all permits, reclamation plans, reports, applications and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished to the District Geologist of the State Division of Mines and Geology by the city.

C.

Proprietary information shall be made available to persons other than the State Geologist only when authorized by the mine operator and by the mine owner in accordance with Section 2778 of the Act.

(Ord. 568 § 1 (part), 1987).

Chapter 17.66 - OFF-STREET PARKING

Sections:

Accessible off-street parking shall be provided as set forth in this chapter for the uses specified in this title. This chapter establishes minimum off-street parking standards; nothing shall preclude the property owner from the installation of more spaces than provided in this chapter. As special circumstances require, the city council, planning commission or the community development director (when there is no use permit or design review required) may require additional off-street parking as set forth in Section 17.66.210.

(Ord. 917 § 4, 2007: Ord. 336 § 7.06.000, 1977).

17.66.020 - Apartments, triplexes, townhouses and condominiums.

A.

Apartments and triplexes shall provide one and one-half paved parking spaces for each one-bedroom unit, and two paved parking spaces for each unit with two or more bedrooms, plus twenty-five percent paved visitor parking spaces. At least one parking space per unit shall be covered.

The requirement for one covered parking space per unit, and the required visitor parking, shall be waived for all units that are made affordable, as defined by the Rocklin Housing Element, to households with incomes at or below eighty percent of median-family income, as defined by the Department of Housing and Urban Development (HUD) for the Sacramento Metropolitan Statistical Area (SMSA).

B.

Townhouses and condominiums shall provide paved, accessible off-street parking as set forth in this paragraph.

1.

Parking for studio and one bedroom units shall be a total of 1.75 spaces, of which one space shall be in an enclosed garage, and at least .25 spaces shall be reserved for visitors.

2.

Units with two or more bedrooms shall each have one of the following:

a.

A total of 2.45 spaces per unit, of which one is in an enclosed garage, and at least .45 is reserved for visitor parking; or

b.

A total of 2.5 spaces, of which two are in enclosed garages, and .5 is reserved for visitor parking;

3.

The spaces not in enclosed garages may be either covered or uncovered.

4.

Design criteria for townhouse and condominium parking shall be as follows:

a.

All assigned uncovered and covered spaces shall be at least nine feet by nineteen feet.

b.

All garages shall be at least ten feet by twenty-feet.

c.

Thirty percent of uncovered visitor spaces may be compact spaces, measuring eight feet by sixteen-feet.

d.

The site shall be designed to discourage on-street parking by residents and visitors. Fencing and access restrictions that make street parking less convenient than on-site parking, appropriate signage requiring visitors to park on-site, and clearly labelled visitor parking spaces conveniently dispersed throughout the project shall be provided.

e.

All uncovered parking areas shall be designed to provide tree shading coverage. Trees shall be placed in a landscaped area every five parking spaces, except where covered parking or garage spaces are used.

f.

Parking space locations, aisle widths, and private street widths shall meet standards established by the commission.

g.

Garages or carports shall be conveniently located to assigned units.

h.

Where assigned parking spaces include one- or two-car garages, the developer shall implement a parking enforcement plan to be incorporated into the leases or covenants, conditions and restrictions. The plan shall be approved by the commission. The plan shall include, but not be limited to, the following.

i.

Adequate guarantees that the garages shall be used for the parking of automobiles;

ii.

Roll-up garage doors, with automatic garage door openers;

iii.

Garages located no more than four feet from the driveway aisle, or no less than twenty feet from the driveway aisle if tandem parking is provided.

5.

For all units that are made affordable, as defined by the Rocklin Housing Element, to households with incomes at or below eighty percent of median-family income, as defined by the Department of Housing and Urban Development (HUD) for the Sacramento Metropolitan Statistical Area (SMSA), the requirement for one covered space per unit, at the request of the applicant, shall be waived. Where a waiver is granted, the uncovered parking requirement shall be 2.16 spaces per unit. There shall be required a guarantee that the designated units shall remain affordable over a specified time.

(Ord. 643 § 2, 1991; Ord. 506 § 2, 1983: Ord. 336 § 7.06.010(b), 1977).

17.66.030 - Assembly places—Dancehalls, auditoriums, exhibition halls, churches.

A.

Dancehalls, auditoriums, exhibition halls, churches and similar places of public assembly shall provide one parking space for each four seats of fixed seating in the main auditorium, sanctuary, or each theater. Where there is space for setup (temporary) seating or where there is no fixed seating, one parking space shall be provided for each thirty square feet of net floor area designated as the place or places of assembly.

B.

The off-street parking requirement may be satisfied in whole or in part by shared parking agreements between the assembly use and other tenants or property owners in the immediate vicinity, subject to approval by the city council, planning commission, or the community development director when there is no use permit or design review required. Shared parking agreements shall only be considered where the peak parking demand between the tenants or properties in question do not occur at the same time. Such shared parking agreements must be recorded and run with the land, and the agreement must provide that the city be notified of any modification to the agreement.

(Ord. 917 § 5, 2007: Ord. 336 § 7.06.110, 1977).

17.66.032 - Auto body and paint shops.

Auto body and paint shops shall provide a minimum of four parking spaces or one parking space for every one hundred fifty square feet of gross floor area, whichever is greater.

(Ord. 650 § 13, 1991).

Automobile repair shops (light/heavy) shall provide a minimum of five parking spaces for zero up to one thousand square feet of gross floor area plus one additional space for every two hundred square feet of gross floor area over one thousand square feet.

(Ord. 650 § 14, 1991).

Automobile service stations shall provide one parking space for every two hundred square feet of gross floor area.

(Ord. 650 § 15, 1991).

17.66.040 - Commercial, business and professional office and personal service establishments.

This section sets forth the general parking standards applicable to commercial, business professional office, and personal service establishments except as may be specifically set forth elsewhere in this chapter.

A.

Commercial, business professional office (except as set forth in subsection B below), and personal service establishment uses, including medical offices, shall provide a minimum of five parking spaces for zero up to one thousand square feet of gross floor area plus one additional space for each two hundred square feet of gross floor area where such uses are conducted exclusively within a building.

B.

Business and professional offices (excluding medical offices) when located in a structure that is designed exclusively for office uses (typically characterized by common building entrances and interior corridors to access office suites) shall provide four parking spaces for zero up to one thousand square feet of gross floor area plus one space for each additional two hundred fifty square feet of gross floor area.

C.

Shopping centers and commercial cluster developments shall provide for a minimum of five parking spaces for zero up to one thousand square feet of gross floor area plus one additional space for each two hundred square feet of gross floor area. Parking in shopping centers and commercial cluster developments shall be common to all businesses.

(Ord. 917 § 7, 2007: Ord. 588 § 1, 1988: Ord. 336 § 7.06.030, 1977).

Gasoline stations shall provide a minimum of four parking spaces or one parking space for every two hundred square feet of gross floor area, whichever is greater.

(Ord. 650 § 12, 1991).

Hospitals (including convalescent hospitals) shall provide at least two parking spaces for each bed.

(Ord. 336 § 7.06.020(c), 1977).

Hotels, motels shall provide at least one parking space per each sleeping room, suite of rooms, or housekeeping unit. If the hotel or motel is combined with other uses such as a restaurant or bar, the parking shall be determined by requiring at least one hundred percent of the required parking for the principal use and the other uses shall provide an addition thereto not less than seventy percent of the parking spaces which would otherwise be required if the uses were by themselves.

(Ord. 336 § 7.06.020(b), 1977).

Industrial uses shall provide parking spaces as determined by the city council or planning commission.

(Ord. 917 § 9, 2007: Ord. 336 § 7.06.080, 1977).

A.

Single-family dwellings, duplexes, half-plexes, mobile homes on individual lots, and accessory single-family dwellings for agricultural uses shall provide a minimum of two paved parking spaces per dwelling unit, which shall be located within the buildable portion of the lot, excluding all required front, side and rear yard setbacks.

B.

The required two parking spaces per unit shall be provided as follows:

1.

A two-car garage at least four hundred square feet in area shall be provided. The two-car garage shall be at least twenty feet in width and twenty feet in length. A driveway pad at least twenty feet in length immediately contiguous to the front of the garage opening shall also be provided.

2.

As an alternative to subdivision 1 of this subsection, a one-car garage at least two hundred forty feet in area and a carport or uncovered parking space may be provided. The one-car garage shall be at least twelve feet in width and twenty feet in length. The carport or uncovered parking space shall be paved and at least ten feet in width and twenty feet in length. Both the garage and the carport or parking space shall be located within the buildable portion of the lot, excluding all required front, side and rear setbacks. A driveway pad the width of the garage door and carport opening and immediately contiguous to the garage door and carport shall be provided. The driveway shall be at least twenty feet in length.

(Ord. 506 § 1, 1983: Ord. 336 § 7.06.010(a), 1977).

One parking space shall be provided for each three seats in theaters, bars and restaurants. In establishments where there is no fixed seating, the parking requirement shall be based on the number of seats possible based on the occupancy allowance of the Uniform Building Code.

(Ord. 498 § 1, 1983: Ord. 336 § 7.06.060, 1977).

Rest homes shall provide one parking space per each bed in the rest home.

(Ord. 336 § 7.06.020(a), 1977).

Roominghouses, boardinghouses shall provide one parking space per guestroom, plus an additional one space for every four guestrooms or fraction thereof for guest or recreational vehicle parking.

(Ord. 336 § 7.06.010(c), 1977).

Uncovered sales areas used for display and sales of recreational vehicles, boats, and trailers, lumber or building materials yards, plant nurseries or similar uses (excluding new or used automobile sales) shall provide a minimum of ten customer parking spaces for the first five thousand square feet of uncovered sales area and one customer parking space for each additional one thousand square feet of uncovered area up to a required maximum of twenty customer parking spaces. At no time shall the required off-street parking spaces be utilized as a product display area for product parking, or for service parking.

(Ord. 917 § 11, 2007: Ord. 336 § 7.06.100, 1977).

Automotive dealerships shall provide parking as follows:

Sales: one space per one thousand square feet of indoor and outdoor display areas;

Service Area: one space per four hundred square feet of automobile service area (i.e., parts warehouse and sales area, customer waiting area, etc., but excluding square footage for bays); plus

One space per bay; plus

One space for each company vehicle.

Vehicle parking spaces used or set aside for display of automobiles for sale need not conform to standard parking space dimensions. Such areas shall be included as part of the design review application, and shall be subject to review as part of the design review process.

(Ord. 917 § 12, 2007).

Schools shall provide parking and loading spaces as follows:

A.

Elementary schools shall provide loading space for at least four school buses.

B.

Junior high schools shall provide at least one parking space for every three seats in the main auditorium or multi-purpose room plus off-street loading space for school buses.

C.

High schools shall provide the greater of the following:

At least one parking space for each three students in the tenth, eleventh, and twelfth grades; or

2.

At least one parking space for each three seats in the main auditorium or stadium, whichever is the greater.

(Ord. 336 § 7.06.120, 1977).

Editor's note— Ord. No. 1124, § 9, adopted March 10, 2020, repealed former § 17.66.155, which pertained to secondary residential units, and derived from Ord. No. 514, § 16, adopted in 1984.

Warehouses and storage buildings shall provide one parking space for each two thousand square feet of gross floor area, but not less than three spaces.

(Ord. 336 § 7.06.090, 1977).

Emergency residential shelters shall provide a minimum of one off-street parking space for every ten adult beds, plus one parking space designated exclusively for the manager and one parking space for each employee on the site.

(Ord. No. 977, Exh. A, A2., 10-11-2011)

For uses not listed in this chapter, off-street parking shall be provided as determined by the city council, planning commission, or the community development director when there is no use permit or design review required based on the requirements for the use which is most closely analogous to the use in question.

(Ord. 917 § 14, 2007: Ord. 336 § 7.06.140, 1977).

Handicapped parking spaces shall be provided to all projects as required by the applicable standards and regulations of the state of California. Nothing shall preclude the city council or planning commission from requiring the location and designation of additional stalls for handicapped parking when, in the opinion of that body, the development is of a size and nature to so warrant.

(Ord. 917 § 15, 2007: Ord. 336 § 7.06.150, 1977).

The city council, planning commission, or the community development director (when there is no use permit or design review required) may require additional parking when it is determined that the anticipated volume of traffic for a particular development or business will be such as to so warrant.

(Ord. 917 § 16, 2007: Ord. 336 § 7.06.160, 1977).

Chapter 17.67 - ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

Sections:

A.

The purpose of this chapter is to provide for accessory dwelling units and junior accessory dwelling units in accordance with the provisions of state law.

B.

In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with state law, the applicable provision of state law shall control, but all other provisions of this chapter shall remain in full force and effect.

(Ord. No. 1124, § 10, 3-10-2020)

17.67.020 - Applications and processing.

A.

Applications for junior accessory dwelling units or accessory dwelling units shall be ministerially processed within sixty days of receipt of a complete application and approved if they meet the requirements of this chapter. Incomplete applications will be returned with an explanation of what additional information is required.

B.

Notwithstanding subdivision A. above, if the permit application is submitted with a permit application to create a new single-family dwelling on the lot, the application for the junior accessory dwelling unit or accessory dwelling unit shall not be acted upon until the application for the new single-family dwelling is approved, but thereafter shall be ministerially processed within sixty days of receipt of a complete application and approved if it meets the requirements of this chapter. Occupancy of the junior accessory dwelling unit or accessory dwelling unit shall not be allowed until the city approves occupancy of the primary dwelling.

C.

The city shall grant a delay in processing if requested by the applicant.

D.

All applications for junior accessory dwelling units or accessory dwelling units shall be accompanied by an application fee.

E.

All junior accessory dwelling units and accessory dwelling units are also subject to building inspection and permit fees.

(Ord. No. 1124, § 10, 3-10-2020)

A.

Accessory dwelling units and junior accessory dwelling units shall be a permitted use in all residential (R) zones and in any planned development (PD) zone where residences are a permitted or conditional use.

B.

Junior accessory dwelling units may be developed on any legally created lot and shall be located within the walls of the existing or proposed primary dwelling.

C.

Accessory dwelling units may be located in any of the following places on a legally created lot:

1.

Attached to an existing or proposed primary dwelling;

2.

Located within the walls of the existing or proposed dwelling;

3.

Located within an existing accessory structure;

4.

Detached from the existing dwelling, but located on the same lot as the existing or proposed primary dwelling; or

5.

In existing multifamily dwelling structures within the portions of the structure that are not used as livable space provided that the unit complies with the California Building Standards Code as set forth in Title 15 of this code for dwellings. An accessory dwelling unit shall not be created within any portion of the habitable area of an existing dwelling unit in a multifamily structure. Up to twenty-five percent of the number of existing multifamily units in the building, but at least one unit, shall be allowed.

6.

Up to two detached accessory dwelling units on a lot with an existing multifamily dwelling structure, provided that the height does not exceed sixteen feet and that four-foot side and rear yard setbacks are maintained.

D.

One accessory dwelling unit may be allowed per residential lot containing an existing or proposed singlefamily residence. An accessory dwelling unit may be allowed in conjunction with a junior accessory dwelling unit when the requirements of Section 17.67.050 are met.

(Ord. No. 1124, § 10, 3-10-2020)

17.67.040 - General requirements; ownership; rental.

A.

Junior accessory dwelling units and accessory dwelling units shall comply with all applicable building code requirements. However, fire sprinklers shall not be required in a junior accessory dwelling unit or accessory dwelling unit if they are not required for the primary dwelling unit.

B.

All development standards contained in the underlying zoning district shall apply to junior accessory dwelling units and accessory dwelling units unless they are inconsistent with the provisions of this chapter, in which case the development standards of this chapter shall apply.

C.

Junior Accessory Dwelling Units.

1.

Junior accessory dwelling units shall not be sold separately from the primary residence.

2.

Junior accessory dwelling units may be rented independently of the primary unit.

3.

Junior accessory dwelling units may not be rented for fewer than thirty consecutive calendar days.

4.

Unless the property is owned by a governmental agency, land trust, or housing organization, one of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot, as evidenced at the time of approval of the junior accessory dwelling unit by appropriate documents of title and residency.

i.

Prior to issuance of a building permit for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:

a.

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence;

b.

A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section;

c.

A prohibition against renting the property for fewer than thirty consecutive calendar days; and

d.

A requirement that either the primary residence or the junior accessory dwelling unit be the owner's bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.

ii.

A copy of the recorded covenant shall be filed with the community development department prior to issuance of a building permit.

D.

Accessory Dwelling Units.

1.

Accessory dwelling units shall not be sold separately from the primary residence.

2.

Accessory dwelling units may be rented independently of the primary unit.

3.

Accessory dwelling units may not be rented for fewer than thirty consecutive calendar days.

4.

For applications received prior to January 1, 2025, there is no requirement for a legal owner of the parcel to reside in any of the residences on the parcel.

(Ord. No. 1124, § 10, 3-10-2020)

17.67.050 - Development standards.

A.

Junior Accessory Dwelling Units.

1.

A junior accessory dwelling unit shall not exceed five hundred square feet in size, shall be contained entirely within the walls of a single-family residence, and shall contain at least an efficiency kitchen which includes cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.

2.

No junior accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.

3.

A junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the primary residence.

4.

A junior accessory dwelling unit shall have a separate entrance from the primary dwelling unit. Said entrance shall not face the same public street as the front door of the primary dwelling unit, if possible.

5.

Any expansion beyond the existing physical structure of the primary residence is limited to one hundred fifty square feet and shall be solely to accommodate ingress and egress. The primary dwelling unit side and rear setbacks may be reduced to no less than four feet to accommodate an exterior stair and landing that provide required access to the JADU if it is located on the second story.

6.

A junior accessory dwelling unit shall use the same architectural style, exterior materials, and colors as the existing or proposed primary dwelling, and the quality of the materials shall be the same or exceed that of the primary dwelling. Junior accessory dwelling units shall be consistent with applicable design standards if located within an architectural district. The appearance of the residence shall remain that of a single-family residence, as determined by the community development director.

7.

No balcony, deck or open stair landing of an accessory dwelling unit that faces the rear or side property line nearest the accessory dwelling unit shall be permitted, except as needed to allow ingress and egress.

8.

Junior accessory dwelling units shall not be required to provide for any additional parking or make up for any parking displaced by their construction, including conversion of all or part of an existing garage.

B.

Accessory Dwelling Units.

1.

Limits on lot coverage and size must permit or shall be waived to allow an eight-hundred-square-foot detached or attached accessory dwelling unit sixteen feet in height with minimum four-foot side and rear yard setbacks, if the proposed accessory dwelling unit is in compliance with all other development standards, including but not limited to front yard setbacks.

2.

No accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.

3.

An accessory dwelling unit shall have a separate entrance from the primary dwelling unit. Said entrance shall not face the same public street as the front door of the primary dwelling unit, if possible.

4.

Except as specified below, an accessory dwelling unit shall be required to comply with the setback requirements of the zone in which the unit is to be located.

i.

No setback is required for an existing living area or an existing accessory structure converted to an accessory dwelling unit, or for a new accessory dwelling unit constructed in the same location and built to the same dimensions as an existing structure.

ii.

For all accessory dwelling units, a setback of four feet is required from the rear and side property lines.

5.

The floor area of an attached or detached accessory dwelling unit shall not exceed eight hundred fifty square feet for a studio or one bedroom or one thousand two hundred square feet for a unit that contains more than one bedroom.

6.

An accessory dwelling unit, whether attached or detached, shall use the same architectural style, exterior materials, and colors as the existing or proposed primary dwelling, and the quality of the materials shall be the same or exceed that of the primary dwelling. Accessory dwelling units shall be consistent with applicable design standards if located within an architectural district. The appearance of the residence shall remain that of a single-family residence, as determined by the community development director.

7.

No balcony, deck or open stair landing of an accessory dwelling unit that faces the rear or side property line nearest the accessory dwelling unit shall be permitted, except as needed to allow ingress and egress.

8.

Parking for an accessory dwelling unit shall be as follows:

i.

Except as provided in subsection 2., accessory dwelling units shall provide one parking space per accessory dwelling unit. Accessory dwelling unit parking requirements are in addition to the parking required for the primary residence as provided in Section 17.66.100. Parking spaces may be provided as tandem parking on a driveway or in setback areas unless the community development director makes specific findings that tandem parking and parking in setback areas is not feasible because of specific topographical conditions and/or other conditions that would pose a risk to health and safety. No parking may extend into a public sidewalk or public right-of-way.

ii.

No parking may be required for an accessory dwelling unit if any of the following apply:

a.

The accessory dwelling unit is contained within an existing primary residence or accessory structure or proposed primary residence.

b.

The accessory dwelling unit is located within one-half mile walking distance of public transit. For purposes of this section, "public transit" means a bus stop or train station where public transportation runs on fixed routes and charges set fares.

c.

The accessory dwelling unit is located within an architecturally and historically significant district.

d.

Where on-street parking permits are required but not offered to the occupants of the accessory dwelling unit; or

e.

When a designated parking area for one or more car-share vehicles is located within one block of the accessory dwelling unit.

iii.

When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, the parking spaces need not be replaced.

(Ord. No. 1124, § 10, 3-10-2020)

A.

No junior accessory dwelling unit or accessory dwelling unit shall be permitted if it is determined that there is not adequate water or sewer service to the property.

B.

Except as provided in subsection C., an accessory dwelling unit may be required to have a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. Separate electric and water meters shall be required for the second unit.

C.

The following accessory dwelling units shall be exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges:

1.

Junior accessory dwelling units.

2.

Standard accessory dwelling units converted from interior space under Section 17.67.050.B., unless the unit is constructed within a new single-family home.

D.

All utility extensions shall be placed underground.

E.

Impact Fees.

1.

No impact fees may be imposed on a junior accessory dwelling unit or accessory dwelling unit that is less than seven hundred fifty square feet in size. For purposes of this section, "impact fees" include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges.

2.

For accessory dwelling units that have a floor area of seven hundred fifty square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.

(Ord. No. 1124, § 10, 3-10-2020)

A.

Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before January 1, 2020, may submit an application to the building official requesting that correction of any violation of building standards be delayed for five years. For purposes of this section, "building standards" refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code.

B.

The building official shall grant the application if the building official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the director shall consult with the fire marshal.

C.

No applications pursuant to this section shall be approved on or after January 1, 2030. However, any delay that was approved by the city before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application.

D.

Until January 1, 2030, any notice to correct a violation of building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section.

E.

This section shall remain in effect until January 1, 2035, and as of that date is repealed.

(Ord. No. 1124, § 10, 3-10-2020)

Chapter 17.68 - HOME BUSINESS

Sections:

Subject to the provisions of this chapter, a person within a residential zone may conduct a business within his residence.

(Ord. 662 § 1 (part), 1992: Ord. 336 § 9.01.000, 1977).

Subject to the provisions of this chapter, the conduct of the following business are permitted within a residence:

1.

Accountant;

2.

Architect;

3.

Artist (can conduct art restoration);

4.

Assembly/manufacture, using equipment which shall not interfere with TV or radio reception, nor create noise, odor or visual impacts discernable beyond the site. Permitted assembly could include circuit boards, while prohibited assembly could include gasoline powered engines;

5.

Author;

6.

Beauty/barber shops, manicurist (limited to one operator);

7.

Catering service (provided all other state and county requirements are met);

8.

Consulting service;

9.

Contracting service (office only, with no outside storage of vehicles or equipment);

10.

Data processing, computer programming;

11.

Direct sale product distribution (e.g., cosmetics, household items);

Draftsman;

13.

Dress designer/dress making/alterations (limited to one operator);

Flower arrangement;

Gardening, lawn maintenance;

16.

Home crafts. Ceramic kilns must meet building code requirements;

House cleaning;

18.

Ice cream truck: conforming to the provisions of Section 17.68.040 (E)(1) of this chapter;

Interior design consultant;

Ironing;

21.

Massage therapist (certified), physical therapist (limited to one operator and one client on site, by appointment);

Photographer;

Pool maintenance;

Private lessons (including outdoor swimming lessons);

Real estate or insurance sales agent or broker (limited to one operator);

26.

Sale of product or service by mail, telephone, with off-premises (direct) product delivery;

27.

Taxicab, limousine service (one vehicle);

28.

Telephone answering, switchboard, call forwarding;

29.

Typing, word processing, secretarial services;

30.

Other uses found to have a similar impact, as determined by the community development director.

(Ord. 662 § 1 (part), 1992: Ord. 336 § 9.01.010, 1977).

The following uses are prohibited as home businesses:

1.

Ambulance or hearse service;

2.

Ammunition sales, reloading;

3.

Animal hospital or grooming facility;

4.

Auto and other vehicle repair, including auto painting;

5.

Bathhouse;

6.

Bed and breakfasts;

Carpentry/cabinet makers/woodworking/ furniture repair;

8.

Funeral parlor or mortuary;

9.

Laundry;

10.

Medical, chiropractic (using X-rays or other equipment not normally found in a residence), or dental clinics or hospitals;

Photo development;

Repair or fix-it shops, including:

A.

Repair or reconditioning or storage of boats and RV's,

B.

Repair or reconditioning or storage of major household appliances;

C.

Repair or reconditioning or storage of motorized vehicles or large equipment on-site;

Restaurants or taverns;

Retail sales not associated with permitted uses;

Upholstery shop;

16.

Veterinary services, including boarding;

Welding.

(Ord. 662 § 1 (part), 1992: Ord. 336 § 9.02.000, 1977).

The conduct of all home businesses shall comply with the following regulations:

A.

Appearance of Residence. The home business shall be restricted to the dwelling unit, accessory structure and garage, and shall not be conducted in the yard, except for private swimming lessons, and as provided for in subsection (B)(3) of this section.

B.

Storage.

1.

Outside storage is prohibited.

2.

On-site storage of hazardous materials (including toxic, explosive, combustible or flammable) beyond that normally incidental to residential use is prohibited.

3.

Storage of inventory or products and all other equipment, fixtures and activities associated with the business shall be allowed in the dwelling. Notwithstanding parking spaces for specified residential uses, storage of inventory or products and all other equipment, fixtures and activities associated with the business shall be allowed in the garage without compliance with Section 17.66.100 of this title; provided that such shall not encroach into or interfere with the use of an area not less than ten feet aide and twenty feet in length for nonbusiness, incidental residential uses.

C.

Employees.

1.

Only one individual not living in the residence is allowed to be present at the home business at any one time.

2.

Additional individuals may be employed by or associated with the home business, so long as they do not report to work at the home.

D.

Advertising and Signage.

1.

No signs are permitted either on or off the premises to identify the business or solicit customers, except a building mounted nonilluminated identification sign of two inches by ten inches in size or less.

2.

No display of products and or equipment produced or used by the home business may be displayed so as to be visible from outside home.

E.

Vehicles, Parking and Traffic.

1.

One commercial vehicle primarily associated with the business is allowed, not to exceed one ton capacity, ten feet in height, and to be of a size that would not overhang a sidewalk were it parked on a typical twenty-foot driveway pad. No vehicles connected with a home business may park in such a way as to overhang a sidewalk or to create any safety hazard.

2.

There shall be no commercial vehicle deliveries from or to the home business premises beyond what is normally incidental to residential uses. Normal residential deliveries can be defined as typically being no more than one per day, during normal business hours of eight a.m. to six p.m.

3.

No more than three vehicles can be parked at any one time at the residence in conjunction with the home business.

F.

Nuisance Issues.

1.

No activity which produces radio or TV interference, noise, glare, vibration or odor discernable beyond the site is allowed.

2.

No use of utilities or community facilities, including the material and volume of trash disposal, beyond that normal to the use of the property for residential purposes is allowed.

Issuance of a home business permit under this chapter shall not relieve the applicant from the duty and responsibility to comply with all other rules, regulations, ordinances or other laws governing the use of the premises and structures thereon, including, but not limited to, the Uniform Building Code, the Uniform Fire Code or any private restrictions relative to the property.

G.

Clients or customers are permitted at the home business from seven a.m. to ten p.m.

H.

The community development director or designee may visit and inspect the site of a home business permitted in this chapter periodically to insure compliance with all regulations and conditions to which the permit is subject, during normal business hours, and upon giving reasonable notice.

(Ord. 662 § 1 (part), 1992: Ord. 336 § 9.02.010 (a), 1977).

(Ord. No. 1006, § 7, 1-28-2014)

17.68.050 - Permit—Required—Application.

A.

No person shall conduct a home business without first obtaining a permit from the community development director or designee and a valid business license certificate under Title 5 of this code.

B.

The community development director may require of the applicant for a permit such information as is necessary to determine the location and type of such business, and the manner in which it will be conducted.

C.

The home business permit is personal to the permittee named on the permit and for the business to be conducted at the location stated on the permit. The permit is not transferrable.

D.

The applicant for a home business permit must be the owner and occupant of the home, or, if a tenant occupying the home, must have the written authorization of the owner or owner's designee.

(Ord. 662 § 1 (part), 1992: Ord. 336 § 9.02.010, 1977).

If the community development director determines that the business is of the type specified in Section 17.68.020 of this chapter, and can be conducted in compliance with the regulations set forth in Section 17.68.040 of this chapter, the director shall issue the permit. Additional conditions may be attached thereto

such as may be necessary to ensure that such business will not become a nuisance or annoyance to the surrounding neighborhood.

(Ord. 662 § 1 (part), 1992: Ord. 336 § 9.02.020, 1977).

If the community development director determines the proposed business may be an annoyance or a detriment to the surrounding neighborhood, or that the business cannot be conducted in compliance with the regulations set forth in Section 16.68.040 of this chapter, the permit may be denied.

(Ord. 662 § 1 (part), 1992: Ord. 336 § 9.03.000, 1977).

A.

Based on one or more complaints, the community development director or designee shall investigate any home business to ascertain if the conduct thereof violates regulations bet forth in this chapter or the conditions of the permit. If the determination is made that a violation exists, the permittee hall be notified in writing of the alleged violation and the evidence supporting the determination that a violation exists, and given an opportunity to respond to the allegation. After considering the permittee's response, the director shall issue a final determination and serve a copy of the determination on the permittee and any complaining parties. If the final determination is that a violation exists, the director shall order that the home business cease. A continuation of the home occupation thereafter shall constitute a violation of this title.

B.

Nothing in this section shall be read to permit the conduct of a home occupation in violation of the conditions of the permit or to limit the right of the city to bring any action for a violation thereof, notwithstanding the acquiescence of surrounding neighbors to the manner in which the home business is conducted.

(Ord. 662 § 1 (part), 1992: Ord. 336 § 9.04.000, 1977).

Chapter 17.69 - RESTRICTIONS ON TOBACCO RETAILERS

A.

The purpose of this chapter is to discourage the use of tobacco products by children by limiting the potential adverse direct and secondary effects of a tobacco retailer operating in close proximity to schools. The adverse health effects of smoking and secondhand smoke are well documented by numerous public health agencies, including the United States Food and Drug Administration, the World Health Organization, and the Tobacco Related Disease Research Program. These same organizations have published studies on smoking by youth under the age of eighteen including these statistics:

• Eighty-eight percent of adult daily smokers smoked their first cigarette before the age of eighteen.

• Each day in the United States three thousand two hundred youth under eighteen smoke their first cigarette.

• Each day in the United States seven hundred youth under eighteen become daily cigarette users.

B.

Electronic/vapor inhalation of substances ("vaping"), with or without nicotine, is a rapidly growing trend, especially among youth pursuant to recent studies by public health agencies. Most local, state and federal laws only address traditional tobacco smoking. Although state law prohibits the sale of electronic cigarettes to minors (California Health and Safety Code Section 119405), it does not prohibit minors from possessing or using e-cigarettes. Public health research is ongoing and there is growing concern and some evidence that this type of behavior is unhealthy. Additionally, the effects of secondhand vapor are not fully understood and are dependent on the chemical makeup of the substance being inhaled.

(Ord. No. 1044, § 2, 9-8-2015)

17.69.020 - Definitions.

As used in this chapter, the following terms shall be ascribed the following meanings:

A.

"Electronic smoking device" means an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. "Electronic smoking device" includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic smoking device" includes any component, part, or paraphernalia of such a product, including but not limited to cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, ESD batteries, and ESD chargers, whether or not it is sold separately.

B.

"Smoking room" or "smoking lounge" means a room which is specifically provided and furnished for smoking, generally in buildings where smoking is otherwise prohibited.

C.

"Tobacco product" means any product containing, made or derived from tobacco or contains nicotine from any source that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. "Tobacco product" includes, but is not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, creamy snuff, dipping/chewing tobacco, flavored tobacco, tobacco water, tobacco paste, gutka, kretek, shisha, roll-your-own cigarettes, cigarette or cigar rolling papers, pipes, or electronic smoking devices. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for that approved purpose.

D.

"Tobacco retailer" means any person, retail establishment, or any other legal entity who sells, distributes, or delivers to any person(s), for any form of consideration, tobacco products, including electronic smoking devices as defined in this section, and 1) tobacco products sales, distribution or delivery accounts for more than fifty percent of the business income, or 2) the business is advertised as a tobacco shop, smoke shop, or has a similar business identification relating to a tobacco retailer.

(Ord. No. 1044, § 2, 9-8-2015)

A tobacco retailer is allowed as otherwise permitted in this title provided that the tobacco retailer complies with all other locational regulations of this section. No tobacco retailer shall be located, established nor operated within one thousand feet of any developed or designated public, private or charter school providing primary or secondary education, or within one thousand feet of any preexisting tobacco retailer. For purposes of this subsection, "designated" means a parcel that is general plan designated, zoned, or that has been conditionally permitted to conduct such use. The separation distances required by this chapter shall be measured from parcel line to parcel line.

(Ord. No. 1044, § 2, 9-8-2015)

Existing tobacco retailers that were lawfully operating at the time of the effective date of this chapter which do not meet the locational requirements of Section 17.69.030 may continue as a legal nonconforming use until such time as the use is abandoned for a period of ninety continuous days, whether or not there was the intent to abandon such use. Such nonconforming uses shall not be enlarged, expanded, or extended.

(Ord. No. 1044, § 2, 9-8-2015)

Any smoking room or smoking lounge shall provide ventilation and filtration in accordance with all requirements imposed by the Rocklin Building and Fire Safety Regulations, or as otherwise required by state or federal law, or as required to ensure the ventilated secondhand smoke is sufficiently neutralized at the property line of adjacent parcels so that a person of normal sensitivity would not detect the secondhand smoke.

(Ord. No. 1044, § 2, 9-8-2015)

Chapter 17.70 - CONDITIONAL USE PERMITS AND VARIANCES

Sections:

Article I. - General Provisions

The provisions in this article apply equally to applications for conditional use permits, and variances.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

A.

Except as provided in subsections B and C of this section, the planning commission is authorized to grant conditional use permits, and variances pursuant to the provisions of this chapter.

B.

The planning commission shall recommend to the council and the council shall take final action on any application for a conditional use permit, variance or adult entertainment waiver for the following:

1.

Nonresidential buildings or groups of buildings on one parcel in any zone with gross square footage of one hundred fifty thousand square feet or more;

2.

Residential buildings with a height of greater than thirty feet, or with more than two stories;

3.

Nonresidential buildings or structures with a height of greater than forty feet, or with more than three stories;

4.

All uses listed as M-2 zone conditional uses in Section 17.56.020, except retail sales and personal service establishments and service stations;

5.

Surface mining and quarrying operations;

6.

Special uses listed in Section 17.64.010;

7.

Waiver of locational provisions for adult entertainment businesses under Section 17.79.040; and

8.

Any application for a conditional use permit or variance, which is filed and/or is to be heard contemporaneously with another application for a land use entitlement for which the council is the final decision making body.

C.

The community development director is authorized to grant conditional use permits for mobile pushcart vending facilities in accordance with the provisions of Article VI of this chapter.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

A.

Applications for a variance or conditional use permit shall include those items specified in Section 17.82.030, except subsection G thereof, and, in addition:

1.

A complete site plan drawn to a scale prescribed by the community development director showing existing and proposed structures and their intended use;

2.

Applications for a variance shall be accompanied by a written statement indicating the unusual or special circumstances or conditions applicable to the property or class of use in the same zone, and stating the reasons why a variance should be granted;

3.

The tenant of the property who holds a lease thereon may apply for a conditional use permit or variance without complying with subsection E of Section 17.82.030; provided, that the planning commission determines that the required change will not detrimentally nor permanently affect the property or its use at the termination of the lease. The property owners are to be notified of the application as per Section 17.70.040.

4.

A Preliminary Grading Plan. When the grading plan is revised after the variance or conditional use permit and preliminary grading plan have been considered and approved at a public hearing, the revised plan shall be filed with the director and shall be subject to the same hearing process and findings requirements as the original application, except that the subsequent hearings and decisions shall be limited to the revised grading plan and the effects of the revisions on the originally approved project.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

Noticing shall be consistent with the requirements of [Section] 17.02.080.

(Ord. No. 977, Exh. A, A4., 10-11-2011; Ord. No. 1061, § 5, 12-13-2016; Ord. No. 1072, § 6, 6-13-2017)

Editor's note— Ord. No. 1061, § 5, adopted Dec. 13, 2016, changed the title of § 17.70.040 from "Public hearing—Notice" to read as herein set out.

A.

At the close of the hearing, the planning commission shall take action to grant, grant with conditions, or deny the application for a conditional use permit, or variance, except for those applications described in Section 17.70.020B.

B

For those applications described in Section 17.70.020B, the planning commission, at the close of the hearing, shall render its decision in the form of a written report and recommendation to the council. The report shall be transmitted to the council by memorandum.

C.

Upon receipt of a recommendation to grant or grant with conditions from the planning commission under subsection B of this section, the council shall hold a public hearing on the application. If the planning commission has recommended denial of the application, no hearing and no further action shall be taken by the council unless an appeal is timely filed under Chapter 17.86 of this code. The hearing shall be noticed in the manner described in Section 17.70.040. At the close of the hearing, the council shall take action to grant, grant with conditions or deny the application.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

The decision making body may condition the granting of a variance, or conditional use permit as it deems necessary to effect the purpose of this code. Such conditions may include but are not limited to:

A.

Dedications of rights-of-way;

B.

Improvements of vehicle access to the subject property to city standards;

C.

Regulation of the placement of the use or building on the subject property;

D.

Regulation of the height and the number of stories of a building;

E.

Regulation of the nature, hours of operation, or extent of use;

F.

Regulation of landscaping for the protection of adjoining and nearby property;

G.

Noise attenuation measures;

H.

Expiration date.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

Upon the grant of the variance, conditional use permit, or mobile home certificate of compatibility, the decision making body shall prepare and deliver to the applicant within five days a written statement thereof stating the fact of the grant and any conditions attached thereto. A copy shall also be delivered to the building inspector and other concerned city officials. The decision on an application for a variance, conditional use permit, or mobile home certificate of compatibility shall not become final, nor shall a permit or license of any kind be issued, until the time in which an appeal may be filed has elapsed. The finaling of an appeal shall stay the issuance of a variance, or a conditional use permit until the appeal is finally determined.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

A.

Unless a different time period is prescribed by the decision making body, a conditional use permit, or variance shall expire two years after the effective date of the approval, unless the rights conferred thereby have commenced to be exercised within that period.

B.

Where the rights conferred by a conditional use permit or a variance are not exercised for a continuous period of six months or more, such permit or variance shall become null and void.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

The original decision making body shall hold a public hearing for the purpose of either modifying or revoking any variance, or conditional use permit which has been granted pursuant to the provisions of this chapter or any ordinance superseded by this code. Public hearings shall be held and notice given in accordance with the provisions of this article for the grant of conditional use permits, or variances.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

After the public hearing as provided above, the decision making body may revoke or modify a conditional use permit, or variance for any one or more of the following reasons:

A.

That such approval was obtained by fraud;

B.

That any person making use of or relying upon the conditional use permit, or variance is violating or has violated any condition of such conditional use permit, or variance, or that the use for which the conditional use permit, or variance was granted is being or has been exercised contrary to the terms and conditions of such approval, or that the use for which the approval was granted is so exercised as to be detrimental to the public health, safety, or general welfare and constitutes a public nuisance.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

17.70.100 - Revocation and modification—New applications.

An application for a variance, or conditional use permit shall not be accepted for a period of one year following the denial or revocation of substantially the same conditional use permit, or variance for the same premises.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

The planning commission may permit the withdrawal of an application for a conditional use permit, or variance.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

Article II. - Variances

17.70.120 - Grounds—Limitation—Written findings.

A.

A variance may be granted when it is determined by the decisionmaking body that;

1.

The applicant has shown that because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the requirements of this title is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications; and

2.

The decisionmaking body has found that the grant of the variance would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.

B.

The decisionmaking body shall not grant a variance which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property for which the variance is requested.

C.

Whether or not the decisionmaking body grants the variance, the decisionmaking body shall set forth in writing the findings of fact upon which it based its decision.

(Ord. 581 § 8, 1988: Ord. 336 § 3.02.000, 1977).

Article III. - Conditional Use Permits

17.70.140 - Grounds—Requirement—Written findings.

A.

Conditional use permits may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title. Because of their unusual characteristics, conditional uses require special consideration so that they may be located and developed properly with respect to the objectives of this title and with respect to their effect on surrounding property.

B.

The grant of a conditional use permit shall be based on a finding by the decisionmaking body that the establishment, maintenance or operation of the use, building or structure applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the city.

C.

Whether or not it approves the conditional use permit, the decisionmaking body shall set forth in writing the findings of fact upon which it based its decision.

(Ord. 581 § 9, 1988: Ord. 336 § 3.03.000, 1977).

From time to time persons in possession of property desire to use property for purposes which are not specifically provided for in this chapter. In order to carry out the intent of this chapter to promote the

general welfare of the community, a conditional use permit may be granted for uses which are not provided for in the zoning classification, subject to the following:

A.

A finding that the use is substantially similar in character to a use or uses within the zoning classification applicable to the property;

B.

A finding that the use would be appropriate in the zoning classification applicable to the property as a conditional use;

C.

A finding that the proposed use, with the appropriate conditions, will not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

(Ord. 581 § 10, 1988: Ord. 336 § 3.03.010, 1977).

Article IV. - Minor Deviations and Administrative Variances

Certain situations occur in which the precise requirements of this title may be varied to accommodate the needs of a particular lot or parcel without substantially affecting adjoining properties or injuring the public health, safety or welfare. It is the intent of this article to provide a mechanism for the administrative approval of minor deviations from the provisions of this title.

(Ord. 399 (part): Ord. 336 § 3.04.000, 1977).

In accordance with the provisions of this article, the planning director may administratively grant a variance from the requirements of this title as follows:

A.

He may decrease the required lot depth, lot width or lot area for a lot in a particular zone by not more than ten percent; provided, that the lot cannot reasonably be combined with other property to create a lot of sufficient size. This section shall not be used solely for the purpose of permitting a subdivider to increase the number of lots in a subdivision.

B.

He may decrease any front setback, interior or street side setback or rear yard setback by not more than ten percent.

C.

He may increase the permitted height of any building or structure (including any fence, hedge or wall) by not more than ten percent.

D.

He may increase the permitted lot coverage by not more than ten percent.

(Ord. 399 (part): Ord. 336 § 3.04.010, 1977).

17.70.180 - Application.

An application for a variance of the type permitted by Section 17.70.170 shall be made in writing to the planning director. The application shall contain the information required by the planning director.

(Ord. 399 (part): Ord. 336 § 3.04.020, 1977).

17.70.190 - Decision—Notice—Appeal by interested party.

A.

The planning director may grant, conditionally grant, or deny the application. He shall make findings in support of his decision.

B.

The planning director may act on the application without notice to adjoining owners of property affected by the variance and without a hearing. If he grants or conditionally grants the variance, he shall give notice of his action to those persons who would have received notice of a hearing before the planning commission had the application been for a variance under Article II. Such notice shall specify that any interested person (other than the applicant) may appeal the action of the planning director in the manner provided by Chapter 17.86.

(Ord. 399 (part): Ord. 336 § 3.04.030, 1977).

17.70.200 - Appeal by applicant.

A.

The action of the planning director on the application shall be binding on the applicant and he shall have no appeal therefrom.

B.

Nothing in this section shall prevent an applicant whose application has been denied, or who objects to the condition(s) of approval, from initiating an application for a variance under the provisions of Article II.

(Ord. 399 (part): Ord. 336 § 3.04.040, 1977).

17.70.210 - Records—Report to planning commission.

A.

The planning director shall maintain a record of his actions, including the findings made, on all applications submitted under this article.

B.

The planning director shall periodically advise the planning commission, in writing, of his actions on all applications submitted.

(Ord. 399 (part): Ord 336 § 3.04.050, 1977).

Article V. - Reserved

Editor's note— Ord. No. 977, Exh. A A4. adopted Oct. 11, 2011, deleted Art. V, which pertained to mobile home certificate of compatibility and derived from Ord. 336, 1977; Ord. 457, 1981.

Article VI. - Mobile Pushcart Vending

17.70.310 - Decision—Grounds.

A.

Upon receipt of an application for a conditional use permit for a mobile pushcart vending facility, the planning director may grant, grant with conditions, or deny the application. The decision will be in writing, setting forth the findings of fact supporting the decision, and shall be served on the applicant within five days. The decision is subject to a ten-day appeal period and shall not become final until such time as this period expires.

B.

The planning director may act on the application without prior notice to adjoining owners of property affected by the conditional use permit and without a hearing. If the planning director grants or conditionally grants the conditional use permit, he/she shall give notice of the action to those persons who would have received notice of a hearing before the planning commission had the application been for a conditional use permit under Article III. Such notice shall specify that any interested person may appeal the action of the planning director in the manner provided by Chapter 17.86.

C.

The grant or conditional grant of a conditional use permit for a mobile pushcart vending facility shall be based on a finding by the director that the establishment, maintenance or operation of the use and facility will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the city.

(Ord. 674 § 12 (part), 1993).

The following mobile pushcart vending uses are exempt from the regulations and requirements of this chapter:

A.

Mobile pushcart vending facilities not visible from the public right-of-way and located on or adjacent to interior walkways within an open, as opposed to an enclosed, shopping center comprised of two or more buildings;

B.

Mobile pushcart vending facilities located within enclosed retail buildings, shopping centers and malls;

C.

Mobile pushcart vending facilities operating in conjunction with special event uses as governed by Chapters 17.63 and 17.64 of this title.

(Ord. 674 § 12 (part), 1993).

The planning director shall prescribe the forms and documents to be filed for a mobile pushcart vending permit. The forms and documents shall be filed with the planning director and accompanied by the following:

A.

A description of the site which may include a map drawn to scale showing lot lines and dimensions, ingress and egress points, improved areas, grading plans, parking and traffic control locations. In addition, a description and location of the mobile pushcart vending facility, its signs and equipment, such as tables, chairs, etc., may also be required;

B.

A fee as specified in the current city council fee resolution;

C.

Written authorization of the subject property owner or his/her designated representative agreeing to the placement and operation of the mobile pushcart vending facility;

D.

A written letter describing the mobile pushcart vending facility's nature of business and hours of operation;

E.

Such additional information as the planning director deems as necessary.

(Ord. 674 § 12 (part), 1993).

A conditional use permit for a mobile pushcart vending facility shall be valid for one year.

(Ord. 674 § 12 (part), 1993).

A mobile pushcart vending facility shall comply with the following development standards:

A.

The use is to be on improved private property;

B.

The use shall not be within two hundred feet of another mobile pushcart vending facility;

C.

The use shall not be within fifteen feet of any fire hydrant;

D.

The use shall not occupy more than ten percent of the subject property's existing parking area, or more than four hundred square feet, whichever is less. Such area shall be identified on the mobile pushcart vending facility application materials;

E.

The use shall be sited with consideration given to the triangular visibility area of an intersection so as not to obstruct the visibility of motorists, pedestrians and bicyclists to assure the public's health and safety;

F.

The use shall include trash receptacle(s). Such receptacles shall be maintained so as to not create an offending odor or visual nuisance;

G.

The area on which the mobile pushcart vending facility is located shall be kept free of debris;

H.

The use shall not reflect undesirable light and glare from the designated premises;

I.

The use shall not use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of a mobile pushcart vending facility;

J.

The permittee shall maintain a written agreement giving the permittee and his/her agents the right to use permanent sanitary facilities located no more than three hundred feet from the approved location;

K.

The pushcart shall not be used to sell any merchandise to any person who is in a motor vehicle within a travel lane at the time of a sale. Merchandise may be sold to a person in a motor vehicle within a designated parking area;

L.

The pushcart shall not be greater than ten feet in height;

M.

Signage shall not exceed a total of thirty square feet. The signage shall be limited to the signs which may be single- or double-sided. The signage shall not exceed ten feet in height and be located on the pushcart site;

N.

Sale of product shall be from the approved mobile pushcart vending facility and not from additional accessory stands, tables, chairs or other devices other than those permitted as indicated on the application;

O.

The use shall be located on a generally level portion of a site and an adequate breaking system be provided for, as necessary.

(Ord. 674 § 12 (part), 1993).

An appeal of a decision shall be made in accordance with the procedures specified in Chapter 17.86 of this title.

(Ord. 674 § 12 (part), 1993).

Chapter 17.71 - PARK AND RECREATION FEES

Sections:

17.71.010 - Findings.

The city council finds and declares that:

A.

The principles and standards for park and recreation facilities and development have been designated in the recreation element of the Rocklin general plan.

B.

New residential uses permitted as conditional uses within the city place an additional burden on the city's park and recreation facilities.

C.

Those residential uses permitted as conditional uses within the city require additional park and recreation facilities to serve their needs.

D.

Park and recreational facilities contribute to and improve the quality of life within the city. Adequate park and recreational facilities are essential to the public health, safety and welfare.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.500, 1977).

The purpose of this chapter is to provide and maintain park and recreational facilities to benefit residential uses permitted as conditional uses within the city and to provide a means of financing these park and recreational facilities.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.501, 1977).

Conditional use permits for residential uses shall be conditioned on the payment of a park and recreation fee in an amount established by resolution of the city council and in the manner set forth in this chapter. The amount of such fee shall bear a reasonable relationship to the use of park and recreational facilities by the future inhabitants of the residential use for which the conditional use permit is granted.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.502, 1977).

Fees collected pursuant to this chapter shall be used only for the purpose of providing and maintaining park and recreational facilities to serve the use for which the conditional use permit is granted. If the city council determines that there is sufficient land available for park and recreational purposes, such fees may be used to improve and maintain existing park and recreational facilities serving the use for which the conditional use permit is granted.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.503, 1977).

17.71.050 - Fees—Return when.

Any fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of a building permit(s) for the use authorized by the conditional use permit, whichever occurs last. If such fees are not committed within this five-year period, the fees shall be returned to the applicant.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.504, 1977).

Prior to the effective date of the ordinance codified in this chapter, the city council shall adopt by resolution a schedule specifying the projected use of funds collected under this chapter. The council may amend this schedule from time to time.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.505, 1977).

A.

If the project for which the conditional use permit is granted has or is required to dedicate land and/or pay fees pursuant to the Chapter 16.28, such subdivision fees shall be credited against the total amount of the park and recreation fee assessed under this chapter.

B.

If the property for which the conditional use permit is granted has been assessed a park and recreation fee pursuant to Chapter 3.16, as amended, and this fee has been paid, the applicant shall be credited for the amount of the fee paid. If the project for which the conditional use permit is granted will be assessed a park and recreation fee under Chapter 3.16, as amended, but this fee has not yet been assessed or paid, the applicant shall pay the entire fee assessed pursuant to this chapter and be exempt from the park and recreation fee assessed under Chapter 3.16, as amended.

C.

The provisions of this chapter shall not apply to conditional use permits issued for industrial or commercial uses, lodges, rest homes, community care facilities, day care centers, and residential facilities as defined in Section 17.04.480.

(Ord. 466 § 1 (part), 1982: Ord. 333 § 3.03.506, 1977).

No credit shall be given for private open space planned for the use for which the conditional use permit is granted, except whenever any conditional use permit is granted for a residential use containing fifty or more units to be developed as an apartment project or stock cooperative for which no subdivision map is required, and private open space for park and recreational purposes is provided in the proposed plans and such space is to be privately owned and maintained by the future residents of the use, partial credit, not to exceed fifty percent, may be given against the requirement of payment of fees if the planning commission upon the recommendation of the parks and recreation commission, finds that it is in the public interest to do so and all of the following standards are met:

A.

Yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and

B.

The private ownership and maintenance of the open space is adequately provided for by recorded written instrument, conveyance or restrictions; and

C.

The use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city or its successor; and

D.

The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

E.

The facilities proposed for the open space are in substantial accordance with the provisions of the recreational elements of the general plan. Before credit is given, the commission shall make written findings that the above standards are met.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.507, 1977).

(Ord. No. 963, § 2, 7-27-2010)

At the time of the approval of the conditional use permit, the commission shall determine the fees to be paid by the applicant and whether or not any credit shall be given or any exemption applied. The applicant shall pay the fee no later than six months after final city approval of the conditional use permit or prior to any application for a building permit, whichever occurs first unless the commission designates a later time for payment.

In the event credit was established, the amount of the credit shall be reimbursed upon the determination of the planning director that the open space and related facilities that qualified the project for credit have been completed per the approved plans.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.508, 1977).

17.71.100 - Refund.

A.

If the applicant fails to commence the use for which the conditional use permit was issued and the applicant paid park fees pursuant to this chapter, the applicant may file for a refund of such fee upon the expiration and lapse of the conditional use permit. The application for refund shall be filed with the planning director.

B.

Failure to claim such refund within one year of the expiration of the conditional use permit shall be a waiver of any right to such refund.

C.

Upon satisfactory proof that the conditional use permit has not been exercised, and upon approval by the planning commission, the city shall refund any such park fee.

D.

This section shall not apply to permits which have been exercised and have lapsed under the provisions of subsection B of Section 17.70.070.

(Ord. 466 § 1 (part), 1982: Ord. 336 § 3.03.509, 1977).

Chapter 17.72 - DESIGN REVIEW[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 1078, § 4, adopted Aug. 22, 2017, amended Ch. 17.72 in its entirety and enacted new provisions to read as herein set out. Former Ch. 17.72, §§ 17.72.010—17.72.080 pertained to similar subject matter, and derived from Ord. No. 831, § 1(part), adopted in 2000; Ord. No. 927 § 2, adopted in 2008; Ord. No. 948, § 3, adopted April 14, 2009; Ord. No. 960, §§ 3, 4, adopted May 25, 2010; Ord. No. 976, §§ 4, 5, adopted June 28, 2011; Ord. No. 987, §§ 4, 5, adopted Aug. 28, 2012; Ord. No. 1006, § 6, adopted Jan. 28, 2014; Ord. No. 1061, § 6, adopted Dec. 13, 2016; and Ord. No. 1072, § 7, adopted June 13, 2017.

The council finds that due to the size, bulk and height of many multiple-family residential and nonresidential developments, and certain residential developments, it is necessary to ensure that the designs thereof make the most efficient use of available resources and harmonize with existing and proposed residential development, as well as with existing development of like character.

(Ord. No. 1078, § 4, 8-22-2017)

17.72.020 - Design review—When required.

A.

Design review shall be required as provided herein and no building permit or improvement plan shall be issued without design review approval of the proposed construction, alteration, or remodeling pursuant to this chapter:

1.

All new construction of multifamily structures (two or more units), and non-residential structures, including permanent signs or sign relocation, and all site improvements (including but not limited to; walls/fencing, trash enclosures, landscaping, and other special features) that are associated with multifamily residential and non-residential projects.

2.

All new construction of single-family residential units on lots less than six thousand square feet in area.

3.

All new construction of single-family residential units which are identified as requiring design review in entitlements approved by the planning commission and/or city council.

4.

All new single-family residential units, regardless of lot size, within the University, Quarry, Granite, and College Architectural Districts, of which the district boundaries have been established by resolution of the city council.

5.

Relocation of any multifamily residential or non-residential building or structure.

6.

Permanent stand-alone parking lots and parking structures.

7.

Modifications to projects that have received design review approval (including single-family as applicable) or modifications to existing multifamily and non-residential development projects.

B.

Notwithstanding subsection A, the following shall not be subject to design review unless otherwise specified by the city council:

1.

All new single-family residential units on lots greater than six thousand square feet in areas that are not located within the University, Quarry, Granite, and College Architectural Districts.

2.

All new single-family residential units on lots less than six thousand square feet in area that are located in the R1-5 zone district and are not located within the University, Quarry, Granite, and College Architectural Districts, regardless of lot size.

3.

General maintenance of existing structures, parking lots, and landscaping which do not require permits or substantively deviate from a prior design review approval.

4.

Repainting where the color of the paint substantially complies with the approved paint color, unless specifically stated in the design review approval.

5.

Repair, cleaning, or refurbishing of an existing permanent building, structure, or sign.

6.

Temporary signs.

7.

Resurfacing and/or re-striping of existing paved parking lot areas. However, property owners are urged to ensure that such activities are completed in a manner that conforms to all applicable accessibility requirements.

8.

Qualified housing projects, as defined in a) below, which elect to utilize adopted objective design standards through a ministerial building permit process in lieu of the city's discretionary design review permit process is subject only to ministerial review by city staff; said objective design standards and accompanying standard conditions of approval shall be adopted by resolution of the city council.

i.

Qualified housing projects: A qualified affordable housing project is defined as either: i) a residential multiunit (three or more units) mixed use housing project that provides for a minimum of twenty percent of the units as affordable for low, very low, or extremely low income households; complies with the city's objective design standards; and agrees to enter into an affordable housing agreement prior to issuance of building permits; or ii) a residential project consistent with Government Code Section 65913.4, as it now exists or may hereafter be amended.

(Ord. No. 1078, § 4, 8-22-2017; Ord. No. 1167, § 3, 6-27-2023)

17.72.030 - Design review board—Created—Members.

A.

There is created the design review board of the city.

B.

The planning commission is designated the design review board of the city, except as otherwise provided by this chapter.

(Ord. No. 1078, § 4, 8-22-2017)

17.72.035 - Architectural review committee—Created—Members.

A.

There is created a five-member architectural review committee which has design review authority as provided by this chapter.

B.

Members of the architectural review committee shall be appointed by the city council upon the recommendation of the mayor, and shall consist of two members of the planning commission, two members of the city council, and the city manager or his or her designee.

(Ord. No. 1078, § 4, 8-22-2017)

17.72.040 - Authority.

A.

The duties and authority of the design review board shall be as provided herein, except as provided in subjections B and C.

1.

Conduct hearings and take action on design review applications in accordance with this chapter, the general plan, and all other applicable rules, regulations and policies enacted by the council;

2.

Recommend design guidelines for multiple-family residential and nonresidential development consistent with this chapter, the general plan, and all other applicable rules, regulations, and policies enacted by the council;

3.

Recommend the creation of special districts or areas within the city for the purpose of maintaining and enhancing the character thereof, and recommending architectural standards to be applied therein;

4.

Perform such other duties as the council may prescribe from time to time.

B.

Within architectural districts established by the city council, the architectural review committee shall take the following action on the following design review applications:

1.

Consider and make recommendations to the planning commission on design review applications consistent with the design guidelines established by resolution to the city council.

2.

Consider and make recommendations to the planning commission on major additions and remodels.

C.

The community development director may take action on the following design review applications:

1.

Within architectural districts established by the city council, the community development director may take final action on design review applications for small additions, accessory structures, and maintenance projects.

2.

Repainting, reroofing, residing, and modifications to existing buildings, signage, landscaping, walls, fencing, trash enclosures, and other special features where the colors, materials, and design deviate from what is existing and/or was formally approved by the city, but substantially complies with the approved paint color and materials, or a reasonable range of standards used in the community, may be approved by the community development director, unless specifically stated otherwise in the original design review approval. Depending on the scope of magnitude of the modifications, the community development director has discretion to refer such design review applications for determination by the planning commission or architectural review committee, as applicable.

3.

Within architectural districts established by the city council, the community development director may consider and take final action on design review applications on infill lots, which are defined as projects with no more than four single-family lots which are not part of a larger residential subdivision.

D.

Design review approval may be determined as otherwise indicated in other provisions of this title, including, but not limited to, the business attraction, retention, and revitalization overlay zone and the automotive overlay zone. For parcels that are located in one of the specified overlay zones for which the community development director has the authority to make final design review decisions and if the parcel is located in an architectural district, the architectural review committee shall make recommendations to the community development director, regardless of design review approval.

(Ord. No. 1078, § 4, 8-22-2017)

A.

Application for design review approval shall be made to the community development director. Such application shall include the following information:

1.

Existing topography, structures, trees and other features of the land to be developed;

2.

A preliminary grading and drainage plan. When the grading plan is revised after the building permit and grading plan have been considered and approved by the design review board, the revised plan shall be filed with the community development director and shall be subject to the same decision making process and findings and requirements as the original application, except that the subsequent consideration and decision shall be limited to the revised grading plan and the effects of the revisions on the originally approved project;

3.

A site plan which shows:

a.

Location of proposed building(s), adjoining streets;

b.

The size and location of all public utility easements;

c.

The exact location and width of all streets, sidewalks, bike trails, pedestrian paths or other areas used for the conveyance of vehicular, pedestrian, bicycles, equestrian or other traffic;

d.

The location of parking areas;

e.

The number of units per gross acre;

f.

The location and size of private parks or recreation area;

g.

Location of light poles;

h.

Location of all freestanding signs;

i.

The location and screening of refuse disposal area;

j.

Location of driveways;

k.

The location and size of all fencing or screening;

l.

A designation of the use of all open space (whether publicly or privately owned) and the person or group responsible for its maintenance;

m.

Contour lines at intervals designated by the city engineer.

4.

Architectural elevations and renditions of all buildings, signs, walls and fences and other structures, including materials to be used and color schemes;

5.

Project signage, including the location, dimensions, illumination and lettering style of all signs;

6.

A landscape plan, including the location, type, quantity and size of plant materials to be used;

7.

Such other information as the director may require.

B.

When a project subject to design review also requires a discretionary permit, or modification thereof, under Chapter 17.70, the design review application shall be made, processed and heard simultaneously with the other discretionary permit, unless this requirement is waived by the community development director.

(Ord. No. 1078, § 4, 8-22-2017)

Noticing for matters to be considered by the design review board shall be consistent with the requirements of [Section] 17.02.080. Matters to be considered by the architectural review committee or community development director are not subject to the requirements of [Section] 17.02.080.

(Ord. No. 1078, § 4, 8-22-2017)

A.

Except as provided in subsection B below, at the conclusion of the hearing the design review board shall approve, approve with conditions or deny the application.

B.

At the conclusion of the hearing, the design review board shall make a recommendation to the council, and the council shall thereafter conduct a hearing on and approve, approve with conditions, or deny any application for design review for the following:

1.

Nonresidential buildings or groups of buildings on one parcel in any zone with gross square footage of one hundred fifty thousand square feet or more;

2.

Residential buildings with a height of greater than thirty feet, or with more than two stories;

3.

Nonresidential buildings or structures with a height of greater than forty feet, or with more than three stories;

4.

All uses listed as M-2 zone conditional uses in Section 17.56.020, except retail sales and personal service establishments and service stations;

5.

Surface mining and quarrying operations;

6.

Special uses listed in Section 17.64.010;

Waiver of locational provisions for adult entertainment businesses under Section 17.79.040; and

8.

Any application for a design review which is filed and/or is to be heard contemporaneously with another application for a land use entitlement for which the council is the final decision making body.

C.

Any decision by the design review board or the council on a design review application shall be based on consideration of the following:

1.

Relationship between the site design and the surrounding development, natural features and constraints and traffic flow;

2.

Height, bulk and area;

3.

Orientation of buildings and structures (with emphasis on energy consumption for heating, cooling, lighting);

4.

Color scheme and materials;

5.

Style, type and orientation of lighting;

6.

Dimensions and placement of signs and graphics;

7.

Landscaping (with emphasis on aesthetics, use of water and maintenance needs);

8.

Parking design, including ingress and egress patterns;

9.

Other design review criteria, which may be adopted from time to time by resolution of the council.

D.

The design review board and council shall set forth in writing the findings of fact upon which its respective decision is based.

(Ord. No. 1078, § 4, 8-22-2017)

17.72.075 - Appeals.

Appeals of any design review action shall be in accordance with Chapter 17.86.

(Ord. No. 1078, § 4, 8-22-2017)

17.72.080 - Expiration.

Unless a different time period is prescribed by the board, a design review approval shall expire two years from the effective date of this approval, unless the rights conferred thereby have commenced to be exercised within that period.

(Ord. No. 1078, § 4, 8-22-2017)

Chapter 17.74 - DEVELOPMENT REGULATIONS

Sections:

17.74.010 - Authorized—Scope.

The planning director, with the approval of the planning commission may promulgate standards for development of property in any zone. These development standards shall include, among other matters, provisions relating to:

A.

Landscaping (including maintenance and erosion control);

B.

Parking (including layout, paving, stall sizes, marking, signings);

C.

Exterior lighting.

(Ord. 336 § 10.01.000(a), 1977).

17.74.020 - Conditional uses.

The planning director shall promulgate, subject to the approval of the planning commission, development standards and criteria for conditional uses.

(Ord. 336 § 10.01.000(b), 1977).

Chapter 17.75 - SIGNS ON PRIVATE PROPERTY[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 1006, § 4(Exh. A), adopted Jan. 28, 2014, repealed the former Ch. 17.75, §§ 17.75.010—17.75.110, and enacted a new Ch. 17.75 as set out herein. The former Ch. 17.75 pertained to sign regulations. See the Ordinance List and Disposition Table and the Code Comparative Table and Disposition List for a complete derivation.

The city council finds as follows:

A.

The purpose of this chapter is to encourage signs which are integrated with, and harmonious to, the buildings and sites which they occupy, to eliminate excessive and confusing sign displays, to preserve and improve the appearance of the city as a place in which to live and to work and as an attraction to nonresidents who come to visit or trade, and to restrict signs which increase the probability of accidents by distracting attention or obstructing vision.

B.

In adopting this chapter, the city council finds that excessive and inappropriate signage has an adverse impact on the overall visual appearance of a city, and can increase risks to traffic and pedestrians. Proper sign control will safeguard and preserve the health, property and public welfare of Rocklin residents through prohibiting, regulating and controlling the design, location and maintenance of signs.

C.

The regulations established by this chapter are intended to appropriately limit the placement, type, size, and number of signs allowed within the city, and to require the proper maintenance of signs. By adopting this chapter the city intends to regulate signs on the basis of location, relationship to land uses, illumination, motion, size, height, orientation, separation, safety of physical structures, and the public need for functional information.

D.

The purposes of these limitations and requirements are to:

1.

Safeguard and protect the public health, safety, and general welfare, and advance the goals, policies, and strategies of the city of Rocklin General Plan and the city's companion strategic plan;

2.

Reduce or avoid traffic and/or safety hazards to motorists, bicyclists, and pedestrians, caused by visual distractions and obstructions, or to impede their access;

3.

Protect and enhance the character and setting of the city of Rocklin against visual blight by preventing a proliferation of signs that will detract from, and obscure, the scenic qualities of the city and its individual buildings and neighborhoods:

4.

Promote the aesthetic and environmental values of the community by providing for signs that do not impair the attractiveness of the city as a place to live, work, and shop;

5.

Provide for signs as an effective channel of communication, and as a means for members of the public to express themselves by displaying a sign, while ensuring that signs are aesthetically proportioned in relation to adjacent structures and the structures to which they are attached, and appropriate for the context of the neighborhoods where they are located; and

6.

Preserve the quiet, low-traffic character of residential neighborhoods.

E.

This chapter sets forth standards and minimum requirements to safeguard life, safety, property and public welfare by regulating the size, height, construction, location, electrification, operation and maintenance of all signs and sign structures exposed to public view within the city. The pleasing visual appearance and traffic safety of the city cannot be preserved and achieved by measures less restrictive than the procedures and standards of this chapter.

(Ord. No. 1006, § 4(Exh. A), 1-28-2014)

17.75.020 - Applicability; permit required.

A.

General. This chapter shall apply to all property and land within the city of Rocklin.

B.

Permit Requirement. A sign permit is required prior to the installation or display of any sign, except those exempt signs described herein. It is unlawful for any person, firm, organization, or corporation that owns, operates, controls, rents, or leases property or land in the city of Rocklin to construct, maintain, display or alter, or to cause or allow to be constructed, maintained, displayed, or altered, a sign within the city except in conformance with this chapter. In the case of after-the-fact permitting, the otherwise applicable fee shall be doubled.

C.

Exempt Signs. The city has a compelling interest to exempt certain signs to further the purpose and objectives of this chapter and to allow for the use of signs with minimal aesthetic impact. The following signs, described in Table 1, may be installed without a sign permit; provided, that they meet the stated conditions, but may require a building permit or encroachment permit.

TABLE 1: Signs Exempt from Permit Requirement

D.

Prohibited Signs. The city has a compelling interest to prohibit certain signs to uniformly further the purpose and objectives of this chapter and to enforce local, state and federal law. Unless otherwise permitted by a specific provision of this chapter, the following signs are prohibited in all zones, and are subject to abatement by the city of Rocklin:

TABLE 2: Prohibited Signs

Advertising statuary. All forms of advertising statuary are prohibited in all zones.

Moving image signs. Signs designed and erected so as to blink, flash, shimmer, glitter, rotate, oscillate or move, or which give the appearance of blinking, flashing, shimmering, or glittering.

Animated signs. Animated signs as defined in [Section] 17.75.120 are prohibited in all zones.

Backlit translucent awning signs.

Electronic message signs (excludes traffic control signs).

Ground-mounted signs installed or placed in the public right-of-way (excludes government and community signs and commercial directory programs).

Highly reflective and fluorescent (day-glow) signs.

Off-site signs (except for signs placed in compliance with Section 17.75.040.B, or other programs specifically identified in this chapter and Chapter 17.80, i.e. commercial directory programs, the city streetlight banner program, and the digital freeway sign program.)

Signs posted on trees, utility poles, traffic sign posts, light posts, traffic signals or any other official trafficcontrol device, in accordance with Section 21464 of the California Vehicle Code (excludes approved decorative streetlight banners).

Signs placed or maintained so as to interfere with free ingress to or egress from any door, window or fire escape, or parking lot.

Signs which simulate or imitate in size, color, lettering or design any traffic sign or signal, or which make use of words, symbols or characters in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic.

Signs which are prohibited in a specific plan, master plan, area plan, or similar land use document adopted by the city council.

Vehicles used only for general signage or parked in a place or manner where the primary purpose is not the use of the vehicle but the primary placement is to display a commercial message.

(Ord. No. 1006, § 4(Exh. A), 1-28-2014; Ord. No. 1135, § 4, 10-12-2021)

---

17.75.030 - Basic policies.

The policies and principles stated in this section apply to all signs within the regulatory scope of this

chapter, and to all procedures set forth in, or invoked by, this chapter. These policies are to prevail over any other provision to the contrary, even if more specific.

A.

Administration and Enforcement Authority. The planning director is authorized and directed to administer the provisions of this chapter. The chief of police and planning director are authorized and directed to enforce the provisions of this chapter.

B.

Minor and Major Signs. The city council shall adopt, by resolution, and maintain a list of sign types that are determined minor signs or major signs. The regulatory and design review of these signs shall be conducted as follows:

1.

Major signs shall be reviewed by the design review board.

2.

Minor signs shall be reviewed administratively by city planning staff. At the specific request of any interested party or staff, any minor sign application may be referred to the design review board for an administrative decision.

C.

Message Neutrality. It is the city's policy to regulate signs in a constitutional manner that is content neutral as to noncommercial messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.

D.

Strict Application of Numerical Standards Not Required. In general, no sign should exceed the number, size, height and location limitations of the district in which it is located. However, as rigid numerical or other design standards may preclude exceptional design that might better achieve the purpose and objectives of this chapter, exceptions to the stated numerical or design standards, including size, shape, and location, may be approved by the approving authority when appropriate, provided any resulting determinations or approvals shall be supported by clear and descriptive findings that are consistent with and which achieve one or more of the purposes and the objectives of this chapter. No design exceptions may be approved for prohibited signs. For any approval of a sign which does not strictly conform to the stated numerical and design standards set forth in this chapter, the applicable general development plan, or an approved sign program for a specific development or district, the approving authority must first make the following findings in writing:

1.

The proposed sign achieves the purposes and objectives of this sign ordinance;

2.

The proposed sign exemplifies innovation and creativity and is appropriate and consistent with the architecture and context of the building and the neighborhood where the sign will be located; and

3.

The proposed sign is consistent with all applicable sign guidelines or has been determined by the approving authority to better achieve the purpose and objectives of this sign ordinance than the strict application of said sign guidelines and standards;

E.

Regulatory Interpretations. All regulatory interpretations of this chapter are to be exercised in light of the city's message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a "structure" as defined in the building code, then the approving authority shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this chapter.

F.

Substitution of Messages. Subject to the property owner's consent, a protected noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over protected noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, lot or land use; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; does not allow the substitution of an off-site commercial message in place of an on-site commercial message; and does not allow one particular on-site commercial message to be substituted for another without a permit.

G.

Rules for Noncommunicative Aspects of Signs. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.

H.

Off-site/On-site Distinction. Within this chapter, the distinction between on-site (or on-premises or point of sale) and off-site or off-premises applies only to commercial speech messages.

I.

Property Owner's Consent. No sign may be displayed without the consent of the legal owner(s) of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.

J.

Legal Nature of Signage Rights and Duties. As to all signs attached to real or personal property, the signage rights, duties and obligations arising from this chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-

related provisions in private leases regarding signs (so long as they are not in conflict with this chapter), or the ownership of sign structures.

K.

Sign Programs. Sign programs for specific developments, as well as special sign districts or special sign overlay zones, when approved by the approving authority, may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other noncommunicative aspects of signs, but may not override or modify any of the basic policies stated in this section. All provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted.

L.

Severance. If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid portion. In adopting this chapter, the city council affirmatively declares that it would have approved and adopted the chapter even without any portion which may be held invalid or unenforceable.

(Ord. No. 1006, § 4(Exh. A), 1-28-2014)

All signs shall comply with the requirements of this chapter, and the requirements of all duly adopted sign design guidelines.

A.

Illumination.

1.

The light from any illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness shall not cause adverse glare to surrounding areas.

2.

Except where otherwise expressly permitted, no sign shall be equipped with blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color.

B.

Placement of Signs.

1.

Commercial signs shall be located on or within five hundred feet of the property on which the business product, service, or other commercial activity which is being advertised is located, except that commercial

signs for businesses located on Granite Drive shall be located on or within one thousand feet of the property on which the business product, service, or other commercial activity which is being advertised is located. Whenever an off-site sign is placed on another property, the off-site sign shall be deducted from the number and area of signs allowed on the property where the off-site sign is located.

2.

All signs that project over or into the public right-of-way must conform and are subject to an encroachment permit.

3.

Building signs shall be placed so as not to project above the roof line, except signs may be placed on a parapet wall, and up to the ridge of a mansard roof.

4.

At street intersections, no sign exceeding thirty inches in height shall be erected within the "clear view zone" as defined in Section 17.75.120.

5.

Signs placed at or near driveway entries shall not obstruct the view of drivers entering or leaving driveways.

6.

Signs shall not be placed on trees, utility poles, benches and fences.

7.

Signs shall not be placed in such a manner as to obstruct a door, window, or fire escape of any building.

8.

Freestanding signs shall be set back a minimum of three feet from any property line adjacent to a street or the street right-of-way.

9.

Signs shall not be placed and/or designed in such a manner as to create a traffic hazard. Examples of such sign placement and/or design include, but are not limited to, signs which interfere with traffic sight distances, traffic flow or the visual access to a traffic sign; and signs with color, configuration, text or location which cause them to be mistaken for, or otherwise imitate, a traffic sign or signal.

C.

Construction Standards.

All signs shall be constructed in accordance with applicable requirements of R.M.C. Chapter 15.04, Uniform Construction Codes.

2.

Permanent signs shall be constructed of durable materials.

3.

Use of banner signs as permanent signs is prohibited.

D.

Maintenance. All signs shall be maintained in a substantially like new condition. Failure to maintain the sign in its approved condition constitutes a violation of this chapter of the Rocklin Municipal Code. Normal wear and tear of aged signs shall be repaired when they detract from the visible quality of the sign, as determined by the planning director based on the current condition of the sign compared to the appearance of the sign when first installed. Exposed surfaces shall be cleaned and painted if necessary. The structural integrity of signs shall be maintained at all times. Defective parts shall be replaced. Any sign in a state of disrepair is hereby declared to be a public nuisance and may be abated pursuant to Chapter 8.04. When signs are repaired, they must be done so in a manner (paint colors shall match, etc.) that is consistent with the terms of the sign permit. When signs are removed, the wall behind the sign shall be repaired and painted to match the rest of the building wall within thirty days of the date of the removal.

E.

Abandoned or Unsafe Signs. An abandoned sign, as defined in Section 17.75.120 of this chapter, including its supporting structure, which after a lapse of at least sixty days, no longer identifies the current occupant, or which relates to a time or event which no longer applies, constitutes false advertising/identification and shall be deemed a public nuisance. The abandoned sign, along with any supporting structure, shall be removed by the owner of the sign or the owner of the property on which it is located within thirty days' of written notice by the city. Any sign that, in the opinion of the building official, is unsafe or insecure, shall be deemed an unsafe sign and a public nuisance, and shall be corrected or removed, together with any supporting structure, by the owner of the sign or the owner of the property on which the sign is located, as directed by the building official. Abandoned and unsafe signs are prohibited and the removal shall be the responsibility of the owner of the sign or the owner of the property on which it is located.

(Ord. No. 1006, § 4(Exh. A), 1-28-2014)

Unless otherwise stated, the following regulations apply on a per lot basis.

Regulations for Permanent Signs

(Ord. No. 1006, § 4(Exh. A), 1-28-2014)

A.

Awning Signs. The following standards apply to awning signs in all zoning districts where allowed:

1.

Signs on awnings are limited to ground level or second story occupancies only.

Awnings shall not be internally illuminated. Direct exterior lighting may be allowed. Translucent awning materials are prohibited.

B.

Directional/Directory Signs On-Site. The following standards apply to directory and directional signs in all zoning districts:

1.

Maximum Sign Area. A sign shall not exceed ten square feet; except the director may authorize larger signs based upon special site/project characteristics.

2.

Maximum Number. The maximum number of freestanding directional signs shall be one per driveway and one per service entrance. The maximum number of wall mounted signs shall be one per building frontage. Additional signs may be permitted if a health and safety need is demonstrated to the satisfaction of the director. Directional signs no more than thirty inches in height and four square feet shall not be included when calculating the total number of signs.

3.

Setback Requirements. A directional/directory shall be set back a minimum of five feet from a public rightof-way, plus one additional foot per foot of sign height over five feet, up to a maximum of ten feet.

4.

Safety Requirements. A sign shall not project over the public property, vehicular easements, or rights-ofway, and shall not obstruct traffic safety visibility area, as determined by the approving authority.

C.

Freestanding Signs. The following standards apply to freestanding signs in all zoning districts where allowed:

1.

Separation. Multiple signs shall be separated by a minimum of seventy-five feet to ensure adequate visibility for all signs. The approving authority may waive this requirement where the locations of existing signs on adjacent properties would make the 75-foot separation impractical, or there is no other alternative.

2.

Safety Requirements. A sign shall not project over public property, vehicular easements, or rights-of-way, and shall not obstruct a traffic safety sight area, as determined by the approving authority.

3.

Street Address. To assist emergency response personnel in locating the site, freestanding signs should contain an illuminated street address plate. Numbers shall be a minimum of six inches in height. Street address numbers not exceeding six inches in height shall not be included in calculations of allowed sign area.

4.

Setback Requirements. A freestanding sign shall be set back a minimum of three feet from a public rightof-way, plus one additional foot per foot of sign height over five feet, up to a maximum setback of twentyfive feet.

5.

Landscaping. A freestanding sign shall be designed and constructed with accent landscaping at the base of sign to the approval of the approving authority.

D.

Freeway-Oriented Signs. A freeway-oriented sign may be approved in compliance with the following requirements.

1.

Permit Requirement. Use permit approval is required for a freeway-oriented sign.

2.

Where Allowed. A freeway-oriented sign may be approved only on a parcel abutting the Interstate 80 or Highway 65 right-of-way within a nonresidential zoning district.

3.

Height Limit. No freeway-oriented sign shall exceed a maximum height of thirty feet, unless the use permit allows greater height, as follows:

a.

Criteria for Approval. A sign with a height greater than thirty feet may be approved only if the commission determines that the applicant has demonstrated that a freeway overcrossing, or its ramps, or trees or vegetation will significantly obstruct the visibility of the proposed sign from freeway travel lanes.

b.

Procedure for Determining Allowed Height. The commission shall only approve a sign height over thirty feet the minimum increase in height necessary for the message area of the sign to clear the identified visual obstruction. The determination of maximum height by the commission shall be based on the following procedure, which shall occur prior to the public hearing on the use permit.

(1)

The applicant shall arrange for a boom truck with a sign target to be on the site at the location of the proposed sign, with a tape measure attached to the top of the target so that an accurate ground reading of height can be determined.

(2)

City staff will go to the site, pick up the applicant or applicant's representative, and drive Interstate 80 or Highway 65 from each direction of the target on the site, to visually verify that the target is set at the minimum height necessary to clear the visual obstruction. Staff will then record the height to the top of the target.

(3)

City staff will report their findings to the commission in the staff report on the use permit.

E.

Murals. A mural placed on the wall of a structure may be allowed in any commercial, mixed use, or industrial zoning district subject to design review, and as follows:

1.

A mural without text visible from a public right-of-way may be approved in addition to (not counted as part of) the sign area allowed under this chapter; a mural with more than de minimus text shall comply with the sign area limitations applicable to the site.

2.

Murals that illustrate the local setting and history as sources of inspiration are encouraged.

3.

The approval of a mural shall require that the approving authority first find that the size, colors, and placement of the mural are visually compatible with the structure architecture, and that the mural will serve to enhance the aesthetics of the city.

4.

The mural shall be provided a graffiti-resistant coating at the time of installation.

F.

Projecting and Suspended Signs. The following standards apply to projecting signs in all zoning districts where allowed.

1.

The maximum projection of a sign from a structure wall over a public right-of-way shall not exceed fortytwo inches over a sidewalk. Larger projections from the structure wall over private property may be

approved by the approving authority. Any projection over a public right-of way shall require an encroachment permit.

2.

The top of a projecting sign shall not exceed the lesser of fourteen feet, eave height, parapet height, or sill height of a second floor window. No portion of the sign shall project above the eave line of a sloped roof or the top of the parapet on a flat roof.

3.

A projecting sign shall maintain a minimum clearance of eight feet from the bottom of the sign to the finished grade below.

4.

Icon signs using shapes or symbols uniquely suited to the business, creative shapes, and threedimensional signs are encouraged.

5.

Each sign shall be graphically designed for pedestrians, with a maximum area of nine square feet on each sign face, regardless of the length of the building frontage.

6.

Sign supports shall be well-designed and compatible with the design of the sign.

G.

Service Station Signs. Service station signs of instructive nature, information or otherwise required by other enforcement agencies are exempt from sign area limitations. The following signs are specifically exempt: telephone booth, gas pump use instructions, instructions for recreational vehicle waste dump station, brake and smog certification, restroom identification, no smoking, propane tank identification, gas pump identification, air and water, drive to forward pump, price signs, special, oil price, service available, and gas pump identification cashier, odd-even sign, hours of operation, required gallon to liter conversion, approved flag identification system, full- and self-service signs at each island not exceeding four square feet, and traffic directory signs as approved by enforcement agencies for necessary traffic control and direction provided that they do not exceed four square feet each and do not exceed thirty inches in height in front or side street yard and no symbol, name, or other message is on the signs.

H.

Window Signs.

1.

Except as allowed during the holiday shopping season, window signs shall not cover more than thirty-five percent of the area of each window. Total signage placed on any window may not include unused signage amounts allowable for other windows.

2.

For the purpose of defining window area, multiple windows separated by mullions or frames of less than four inches are considered a single window.

3.

Window sign area shall not be considered in computing the maximum allowed building signage.

4.

During the holiday shopping season, as defined in Section 17.75.120 below, window signs are unrestricted except that, for safety purposes, a clear line of sight view corridor from the exterior of the building to the cash register/checkout area must be established and maintained.

I.

Flags (noncommercial speech). Flags may be displayed without a permit at all times and in all zones. All poles must comply with applicable Building Code requirements. Flags are limited to the display of noncommercial speech unless specifically allowed as a temporary special advertising sign. Flag display is subject to the following standards:

1.

Complexes of Commercial, Office and Industrial Uses. Each complex of commercial, office or industrial uses, consisting of three or more uses on a single parcel or contiguous parcels with common off-street parking and access, may display not more than three maximum sixty-square-foot flags on not more than three maximum thirty-five-foot-high poles. If separate poles are used, the distance from one pole to another may not exceed twenty feet. Any illumination shall be oriented and shielded not to glare into adjacent properties.

2.

Residential Subdivisions and Condominiums. Each residential subdivision or condominium with new, previously unoccupied dwelling units for sale may display one flag, maximum twenty-five-square-foot on a twenty-foot-high pole, per model home in a model home complex. Such poles must be situated not closer than ten feet from the public right-of-way and within twenty feet of the model complex or sales office. A residential subdivision or condominium is considered to be all lots under a parent tract number including all phases.

3.

Apartments and Mobile Homes. Complexes of four or more apartments or mobile homes sharing common private access and/or parking may display not more than three maximum twenty-five square foot flags on not more than three maximum twenty-foot-high poles. If separate poles are used, the distance from one to another may not exceed ten feet.

All Other Nonresidential Uses. Each occupied parcel containing a nonresidential use, other than described in [Section] 19.620.120.A, may display not more than three maximum sixty-square-foot flags on not more than three maximum thirty-five-foot-high poles. If separate poles are used, the distance from one pole to another may not exceed ten feet.

E.

All Other Residential Uses. Each occupied parcel containing a residential use, other than described in paragraphs 19.620.120.B and C, may display one maximum twenty-five-square-foot flag on one maximum twenty-foot-high pole.

(Ord. No. 1006, § 4(Exh. A), 1-28-2014)

In addition to permanent signs allowed under Section 17.75.050, temporary signs are allowed as provided in this section. Unless otherwise stated, the following regulations apply on a per lot basis:

A.

Real Estate Signs. For real estate offered for sale, rent or lease (not including transient occupancy). Subject to the regulations and conditions stated in this subsection, the signs described in this subsection may be displayed without permits. The signs allowed under this subsection shall be removed not more than fifteen days after the proposed transaction has closed, or the property is withdrawn from the market.

1.

Residential Properties. On all properties with a residential principal use, one temporary freestanding unlighted maximum nine-square-foot real estate sign may be displayed per street frontage not to exceed six feet in overall height. Such signs shall be removed within fifteen days following the closing of the proposed transaction, or the withdrawal of the offer or solicitation.

2.

All Nonresidential Properties. On nonresidential properties, and properties containing both legal residential and nonresidential uses, real estate signs may be displayed, using either of the following options:

a.

Freestanding Signs. One maximum twenty-four-square-foot, eight-foot-high, double-faced, freestanding for sale, rental or lease sign per street frontage is permitted. On sites having more than one frontage or on interior lots at least two and one-half acres in size, an option of placing the sign faces at a forty-five-degree angle to each other is permitted. Signs shall be located no closer than three feet from public sidewalks and twelve feet from the curbline or from the pavement where curbs are lacking. In no case shall signs be placed in the public right-of-way. In the event a building sign is installed as permitted in paragraph b. of this subsection below, the freestanding sign herein described shall not be permitted.

b.

Building Signs. In lieu of a permitted freestanding sign, one for sale, rental or lease building sign per frontage, a maximum twenty-four square feet in area, shall be permitted for buildings or occupancies within sixty-three feet from the curbline or from the pavement where curbs are lacking. In the event a freestanding sign or signs are installed as permitted in paragraph a of this subsection, the building sign herein described shall not be permitted.

c.

Time Limit. Such signs shall be removed within fifteen days following close of escrow or finalization of sale, rental or lease.

B.

Subdivision Identification and Directional Signs.

1.

Subdivision Signs, On-Site. On-site subdivision identification signs may be allowed with sign permit approval, in compliance with the following standards:

a.

A maximum of four on-site signs may be located within the project boundaries; provided, no more than one sign for each street frontage is allowed, and multiple signs shall be separated by a minimum of seventy-five feet;

b.

The area of each sign shall not exceed twenty-four square feet;

c.

Sign height shall not exceed six feet;

d.

The signs shall not be illuminated; and

e.

The signs may be displayed only during the two years following date of recordation of the final map, or until all of the units have been sold, whichever first occurs.

2.

Subdivision Directional Signs, Off-Site. Off-site signs providing directions to a new subdivision may be allowed with sign permit approval, and shall comply with the following standards:

a.

A maximum of two off-site signs may be located on private property (not within any public right-of-way);

b.

The total area of each sign shall not exceed thirty-two square feet;

c.

The height of each sign shall not exceed eight feet;

d.

The signs shall not be illuminated;

e.

The signs may be displayed only during the two years following date of recordation of the final map, or until all of the units have been sold, whichever first occurs;

f.

The signs shall not affect pedestrian or vehicular safety;

g.

The signs shall be removed when the last home within the subdivision is sold. Any sign found in violation of any provision herein may be removed by city personnel; and

h.

Any subdivision sign program found to be in violation of any provision herein may be grounds for the denial of future renewal permits.

C.

Construction Signs. Construction identification signs may be allowed without a permit in all zoning districts in compliance with the following standards:

1.

Only one sign, located on-site, shall be allowed;

2.

The area of the sign shall not exceed thirty-two square feet;

3.

Sign height shall not exceed eight feet;

4.

The sign shall not be illuminated;

5.

A construction sign shall not be allowed if an on-site subdivision sign is approved; and

6.

Construction signs shall be removed within thirty days after completion of construction.

D.

Noncommercial Signs. Temporary noncommercial signs shall be permitted in all zone districts without a sign permit, provided that all such signs are subject to, and shall comply with, the following standards:

1.

Temporary noncommercial signs shall only be installed on private property; such signs may not be located in the public right-of-way or on publicly owned property.

2.

Temporary noncommercial signs shall only be installed with the property owner's consent.

3.

The maximum size of a temporary noncommercial sign shall be sixteen square feet in area.

4.

The maximum height of a temporary noncommercial sign shall be six feet.

5.

Temporary noncommercial signs shall not be illuminated, nor shall they incorporate moving parts, animation, or highly reflective materials.

6.

Freestanding temporary noncommercial signs shall be set back a minimum of five feet from any property line, and shall not be located within fifteen feet of a fire hydrant, street sign, or traffic signal, and shall not interfere with, confuse, obstruct, or mislead traffic. At street intersections and driveways, no sign exceeding thirty inches in height shall be erected within the "clear view zone" as defined in Rocklin Municipal Code Section 17.75.120.

7.

There shall be no restriction on the number of temporary noncommercial signs located on a given property.

8.

Temporary noncommercial signs may only be displayed during the period commencing forty-five days before the event to which they relate, for example, a general or special election, as defined in the California

Election Code, and ending five days after such event concludes.

9.

Temporary noncommercial signs shall be removed no later than five days after the event with which they are associated. Except that, in the event the matter for which the sign is relevant is carried over or delayed by no more than forty-five days after the original event date such signs may remain in place until five days after the event concludes.

10.

A temporary noncommercial sign that does not comply with the standards set forth herein is a nuisance, and any such sign may be removed summarily and disposed of by the city at the expense of the person or group that erected the sign.

11.

Sign deposit. No signs shall be displayed under the provisions of this section until the responsible person or organization first deposits five hundred dollars with the city clerk's office to guarantee compliance with the provisions of this section and reimburse the city for the cost of any damages caused by signs placed on public properties. The deposit shall be accompanied by written authorization for the city to enter private properties to remove such signs if not removed as required by subsection (8) of this section. The deposit shall be refunded upon request once all signs have been removed by the responsible party within the time required by subsection (9) except that:

a.

If an authorized enforcement officer has removed signs that are placed in violation of any subsection of this section, the deposit returned to the responsible party will be less the abatement fees; and

b.

Signs that are placed in a manner inconsistent with subsection (1) and caused damage to public property. The exact costs to repair the damage will be deducted from the deposit.

12.

Removal of signs.

a.

Signs placed in a manner that is inconsistent with the provisions of this Section will be considered a nuisance and subject to immediate removal and impoundment without notice. Impounded signs will be held for thirty days. The city will make reasonable attempts to contact the sign owner and provide the owner with ten days' notice to reclaim the sign upon recovery of city's costs. Impounded signs, which remain unclaimed after thirty days, may be disposed of in any manner whatsoever at the discretion of the city.

b.

Should signs require removal by an authorized enforcement officer, the city shall have cause to impose an abatement fee charged against the sign deposit in accordance with section 1.08.035 of the Rocklin Municipal Code.

13.

Temporary noncommercial signs shall comply with all other applicable provisions of this chapter, except as specifically modified herein.

E.

On Site Project Development Signs. Project identification signs of current and pending development applications with a sign area of thirty-six square feet sign and a six-foot height limit.

F.

Special Advertising Permits Required. Up to three times per calendar year a special advertising permit may issue for the purpose of publicizing special events, either commercial or noncommercial, including, but not limited to, grand openings, new management, sales, Christmas tree or other holiday oriented lots, parades and fairs that are to take place within the city, subject to the following conditions and including the listed types of signs and devices:

1.

Each special advertising permit is valid for twenty consecutive days. There is no requirement that the displayed devices remain in place for twenty days. The permits may run concurrently. A permit shall be valid for up to any three of the types of advertising devices listed below in subsection F.5., at any one time.

2.

An application for a special advertising permit shall be made on a form prescribed by the director and accompanied by a fee in an amount established by city council resolution. The application shall describe the dimensions and location of the proposed advertising display by means of a drawing or sketch and written description, and the proposed display dates. The director, or designee, shall review the request within five working days after receipt and approve, approve with modification, or deny the request in writing; if the application is denied, the reasons shall be stated in the written denial. Applications which conform to all applicable laws, rules, and regulations shall be approved unless such laws, rules and regulations are under consideration for possible revision.

3.

The director shall maintain a log of special advertising permits approved for each applicant. If the director is notified prior to installation of the temporary signs that the signage will not be used, the application will be canceled and the permit issued will not be deducted from the total number of permits remaining for the calendar year. If a sign is installed without approval of the director, or designee, it shall be deducted from the total number of days available at a rate of two days for every one day that the unapproved signs are displayed.

Signs and/or advertising devices which are installed or displayed without approval of the director are in violation of this chapter. Each sign shall have the permit number legibly displayed on the sign face or sign structure.

5.

Standards for specific advertising signs and devices are as follows:

a.

A-Frames and sidewalk portable signs:

i.

Sign Size. Each sign shall not exceed a width of thirty inches. Sign height shall be limited to forty-eight inches. Sign height shall be measured perpendicular from the placement surface to the highest point of the A-frame sign.

ii.

Sign Placement. An A-frame sign shall be placed only on private property within the boundaries of the applicable business' street frontage, and shall be positioned so that it will not:

a)

Obstruct required ADA sidewalk clearance;

b)

Impede any line of sight for motorists or bicyclists at public street intersections, as recommended by the city engineer; or

c)

Interfere with people exiting and entering parked cars.

iii.

Design and Construction Standards. The approving authority shall approve an A-frame sign only if it first determines that the design and appearance of the sign, including any graphics and/or text, will reflect attractive, professional design, and that the sign will be durable and stable when in place.

iv.

Stabilization. The sign shall be stabilized to withstand wind gusts or shall be removed during windy conditions.

v.

Daily Removal. The sign shall be removed at the close of business each day.

vi.

Maintenance. The sign shall be continuously maintained in good condition with no peeling paint or other deterioration.

b.

Banners:

i.

A Banner Sign May be Erected and Maintained On-Site for an Establishment. These signs shall not replace the primary permanent identification sign(s) for the establishment, and the establishment must have a permanent sign application on file with the city.

ii.

Number and Duration. No more than one such banner sign may be erected per establishment at any one time. This sign shall be required to be kept in a good state of repair and preservation. These signs shall be made of durable material, and shall be subject to the same maintenance provisions as permanent signs.

iii.

Design. The sign shall not be illuminated and shall not contain moving parts.

iv.

Maximum Total Square Footage. The following standards will be utilized in determining the maximum sign square footage allowed per establishment:

a)

Buildings or tenant spaces within a building complex having less than fifty linear feet of building frontage are allowed sixty square feet.

b)

Buildings or tenants spaces within a building complex having more than fifty linear feet of building frontage but less than one hundred feet of building frontage are allowed eighty square feet.

c)

Buildings or tenant spaces within a building complex having more than one hundred feet of building frontage are allowed one hundred twenty square feet.

v.

Location. A banner sign shall not be freestanding and shall be affixed to the face of a building or permanent freestanding sign. If attached to a freestanding sign it shall be fully adhered to the face of the existing sign and be restricted to only one sign per center/use. Banner signs shall be restricted to the building areas that front onto a street or parking lot directly adjacent to the establishment for which the sign is posted. Sign

locations shall also conform to the location standards established for permanent signs and are allowed to be posted in the areas permitted for permanent signage under the sign ordinance or an approved planned sign permit program. When affixed to a building these signs shall not extend above the roofline or parapet of the structure.

c.

Balloons.

i.

Size: not to exceed sixteen inches in diameter.

ii.

Mounting: A grouping of balloons is limited to no more than five, must be attached to or mounted at one end to a legal structure and securely anchored to survive windy conditions. The length of the mounting string is the lesser of twenty feet or the distance from the face of the building frontage to the right-of-way. May not be attached and/or affixed to trees or shrubbery.

iii.

Display Time: Must be removed from public view at the close of operations each day.

iv.

Location: Cannot be placed in, project into, or fly above the right-of-way or pedestrian path of travel.

v.

Visual Interference: cannot interfere with either pedestrian sight distance or vehicular sight distance, any view corridor or obstruct visibility to any existing business or existing permanent sign.

d.

Feather Flag Signs.

i.

No more than three feather type flag signs per business at any one time and shall be placed only on private property within the boundaries of the applicable business' street frontage.

ii.

Feather flags must be secured and stabilized so as to withstand wind gusts, or be removed during windy conditions.

iii.

Visual interference: cannot interfere with either pedestrian sight distance or vehicular sight distance, any view corridor or obstruct visibility to any existing business or existing permanent sign.

iv.

Display time: Must be removed from public view at the close of operations each day.

e.

Flags or Pennants with Commercial Speech or Logos.

i.

Flags or pennants with commercial signage or graphics are allowed at residential subdivision model homes, condominium sales offices, and multi-family apartment or condominium complexes provided a special advertising permit has been issued subject to subsection e.ii below.

ii.

Each residential subdivision or condominium with new, previously unoccupied dwelling units for sale may display one flag, maximum twenty-five-square-foot on a twenty-foot-high pole, per model home in a model home complex, or for multi-family complexes, three flags are allowed. Such poles must be situated not closer than ten feet from the public right-of-way and within twenty feet of the model complex or sales office. A residential subdivision or condominium is considered to be all lots under a parent subdivision number including all phases.

f.

Inflatable Devices and Ambient Air Balloons.

i.

No more than one inflatable advertising devices may be displayed at any one site during any allowed time period.

ii.

Height of the device may not exceed thirty feet from the ground, measured from the ground to the highest point on the inflatable device.

iii.

No inflatable allowed by this section shall exceed one hundred fifty square feet or exceed fifteen feet in height.

g.

Commercial Mascots. No more than one commercial mascot may be utilized during any allowed time period per special advertising permit. All sign display activities of commercial mascots must be conducted on private property.

(Ord. No. 1006, § 4(Exh. A), 1-28-2014; Ord. No. 1135, § 3, 10-12-2021; Ord. No. 1173, § 4, 10-10-2023)

A.

The purpose of the Whitney Ranch Wayfinding Kiosk Program (the "kiosk program") is to promote development of the Whitney Ranch Project so as to direct the traffic related to new residential subdivisions in a manner that mini-mizes visual clutter, reduces unnecessary traffic through established neighborhoods, and provides an orderly, attractive, high quality image of the Whitney Ranch Project and the city.

B.

As used in this section, a wayfinding kiosk is a freestanding sign structure that identifies, and provides directional arrows for, the Whitney Ranch Project generally, new residential subdivisions and their associated sales centers, future land uses of undeveloped parcels, village commercial centers, and community assets such as schools, parks and recreation centers. Also included are nonresidential disclosure signs as required by condition B.7.a.(4)(a) of Subdivision Resolution No. 2004-311 and described in the design review application (DR-2005-12) being processed concurrently.

C.

The planning commission is hereby designated as the reviewing body for the architecture and design of the wayfinding kiosks for the Whitney Ranch Wayfinding Kiosk Program and may impose conditions of approval on the kiosk program to effectuate the purpose and intent of this section. By resolution of the planning commission, the duties imposed by this part may be delegated to the city manager, community development director or their designee.

D.

Wayfinding kiosks shall be designed as architecturally enhanced structures, that include features such as a roof element, decorative cap and cornice detail, stone-clad or masonry-clad columns, stone-clad or masonry-clad foundation, carved or sculptured wood construction, or other architectural features as determined by the planning commission.

E.

Wayfinding kiosks shall be located to eliminate or minimize to the greatest extent feasible, any obstruction to the view of traffic or safety signs, encroach within vision triangles, or otherwise pose a traffic hazard as determined by the city engineer and/or director of public works.

F.

To further the purposes of the kiosk program, the installation of subdivision kiosks shall be in lieu of installing individual off-site subdivision signs allowed by any other part of this chapter. No sign permits shall be approved for home builders or developers eligible to participate in the kiosk program. However, should the Whitney Ranch master developer fail to implement the Whitney Ranch Wayfinding Kiosk Program in a fair and timely manner, any developer or home builder aggrieved by the failure of the master developer to implement the kiosk program in a fair and timely manner may, upon a showing of substantial evidence of unfairness in implementation, be exempted from this requirement by the community development director, who will consider and act upon sign permit applications from said developers or home builders as provided in this chapter.

(Ord. No. 1006, § 4(Exh. A), 1-28-2014)

A.

Digital freeway sign means an off-site sign utilizing digital message technology, capable of changing the static message or copy on the sign electronically. A digital freeway sign may be internally or externally illuminated. Digital freeway signs shall contain static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign. Each static message shall not include flashing, scintillating lighting or the varying of light intensity. A digital freeway sign consists of a digital display area and a sign structure.

B.

Digital freeway signs shall be in addition to all other signs allowed by Chapter 17.75, the locations and heights of digital freeway signs shall be governed by this section. Heights of digital freeway signs shall be established relative to topography and setting so as to provide the best balance between the signs purpose of effectively communicating a visual message, the setting including topography and surrounding architecture, and freeway traffic safety. However, in no case shall a digital freeway sign exceed a maximum height of sixty-five feet as measured from the center line of the nearest freeway to the top of the digital freeway sign structure. Subject to the limitations of this section, and notwithstanding the provisions of the applicable general development plans, digital freeway signs shall be a permitted use in all PD zones allowing nonresidential uses.

C.

Digital freeway signs shall only be permitted when the city has entered into an operating agreement with a digital freeway sign owner to allow for digital billboards under certain circumstances; including (i) compensation to the city; (ii) the permanent removal of at least three off-site, pre-existing freeway billboards from within the city; (iii) the provision of access to the city to a portion of the total available display time to allow the city to present messages of community interest and information, and public safety; (iv) the provision of access to the appropriate agencies for the purpose of displaying "Amber Alert" messages and emergency-disaster communications; and (v) to establish quality and maintenance standards.

D.

No single applicant shall be permitted to seek approval for more than three digital freeway signs. Provided at least three or more existing freeway billboard structures have been removed, up to three digital freeway signs shall be allowed in the city separated as follows: one on the Interstate 80 corridor, one on the State Route 65 By-Pass route, and one on the balance of the State Route 65 corridor.

E.

All digital freeway signs shall be subject to design review consistent with the Rocklin Municipal Code.

F.

Minimum distance of a digital freeway sign from residential uses shall be three hundred feet from the base of the sign to a parcel on which a residential use is located, as such use exists on the date the digital freeway sign design review is approved by the city.

G.

Minimum Display Time. Each message on the sign must be displayed for a minimum of eight seconds.

H.

Maximum Face Size. Each face of the sign will be no larger than fourteen feet by forty-eight feet in dimension (total six hundred seventy-two square feet) plus framing. Digital freeway signs are exempt from the area limitations in Section 17.75.050, Permanent Signs.

I.

Illumination Standards. Digital freeway sign illumination is expressly permitted and when operated within these standards, does not violate Section 17.75.040.A. Digital freeway signs shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a preset distance. Distance to measure the foot candles impact shall be measured from a distance of two hundred fifty feet for a sign with a nominal face size of fourteen feet by forty-eight feet. Each display must have a light sensing device that will adjust the brightness as ambient light conditions change.

J.

Future Technologies. The technology currently being deployed for digital freeway signs is LED (light emitting diode), but there may be alternate, preferred or superior technology available in the future. Owners of digital freeway signs are authorized to change the digital freeway signs to any other technology that operates under the maximum brightness standards in subsection J of this section. The city shall expedite any required approvals for technology that is superior in energy efficiency over previous generations or types.

K.

The digital freeway signs shall be operated with systems and monitoring in place to either turn the display off or show a "full black" image on the display in the event of a malfunction.

L.

After receiving approval to install a digital freeway sign(s) owners of digital freeway signs may at any time add or remove digital faces to their sign structures. However, the following shall apply:

1.

Any prior sign removals completed as a part of the operating agreement approval of the digital freeway sign(s) shall not be reinstated.

2.

The number of physical sign faces shall not be increased.

3.

The overall size of the sign faces shall not be increased by more than five percent.

(Ord. No. 1006, § 4(Exh. A), 1-28-2014)

17.75.100 - Permit requirements and procedures.

A.

The planning director or his/her designee shall be responsible for the administration of this chapter.

1.

Except as otherwise provided by this chapter, no sign (permanent or temporary) or special advertising display shall be installed, erected or displayed until the director has determined that its design and placement comply with all requirements of this chapter and has issued a sign permit or special advertising permit to the applicant and proprietor of the sign or display.

2.

A sign permit is not required to repair, clean, repaint or refurbish any existing sign, unless such activity involves the replacement, reconstruction or relocation of the sign.

3.

No permit is required for changing the copy of a sign provided: (a) there are no changes to the sign structure or cabinet, and (b) the area of the sign is not being enlarged.

B.

An application for a sign permit shall be made on a form prescribed by the director and accompanied by a fee in an amount established by city council resolution. In the case of after-the-fact permitting, the otherwise applicable fee shall be doubled. The application shall, at a minimum, contain the following:

1.

The name, address, telephone number and signature of the owner or lessee, or contractor of the property upon which the sign is to be located;

2.

A plot plan which shows the location of the building or lot, upon which sign is to be placed;

3.

A dimensioned elevation of the building on which the sign is to be placed with the location of the sign clearly identified;

4.

A scaled or dimensioned drawing of the sign and its relative location on the building and/or location of freestanding signs on the lot;

5.

A plan indicating the location, height, and size of all existing signs on the lot and/or tenant building frontage.

C.

The director shall review a completed sign permit application and shall issue the sign permit upon determination that the sign meets the requirements of this chapter.

D.

The director's decision may be appealed to the design review board, and the commission's decision may be appealed to the council under Chapter 17.86.

E.

Issuance of a sign permit shall not relieve the applicant from complying with all other applicable laws relating to displaying or erecting a sign, including, but not limited to, obtaining any required sign or electrical permit under R.M.C. Chapter 15.04, Uniform Construction Codes.

F.

Duration and Extension. If a building permit has not been granted within two years of the date of approval of the sign permit or if a sign not requiring a building permit has not been installed within two years of the date of approval of the sign permit, the sign permit approval shall be null and void, unless extended by the approving authority. Requests for an extension shall be made in writing a minimum of ten days prior to the expiration date.

G.

Effective Date and Appeals. Decisions of city planning staff shall become effective on the tenth day after the date of a decision, unless appealed by any interested party under section.

H.

Permits Issued in Error. Any approval or permit issued in error may be summarily revoked by the city upon written notice, to the permittee, stating the reason for the revocation. "Issued in error" means that the permit should not have been issued in the first place and includes but is not limited to omissions, errors or misrepresentations in the application materials, and oversights or errors in the processing thereof.

I.

Disqualification. No sign permit application will be approved under any of the following circumstances:

Uncured Violation of Sign Rules. No sign permit will be approved if the applicant as installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed or a cure included in the application.

2.

Other Code Violations. No sign permit will be approved if there is any other existing zoning code violation(s) located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the proposed new sign.

3.

Previous Denial. No sign permit will be approved if the sign approval application is substantially the same as an application previously denied, unless either twelve months have elapsed since the date of the last application, or the applicant provides new evidence or proof of materially changed conditions, or the reasons for the earlier denial have been cured or will be cured as part of the new application.

4.

Failure to Obtain Zoning Permits. No sign permit will be approved if the applicant has not obtained any other applicable required zoning permits.

5.

Outstanding Unpaid Balance. No sign permit will be approved if the applicant has an outstanding unpaid balance for prior community development department services.

(Ord. No. 1006, § 4(Exh. A), 1-28-2014)

17.75.110 - Nonconforming signs.

A.

Nonconforming signs shall be permitted to remain until such time as any of the events listed in subsection B of this section occurs. At such time, the sign must be removed or brought into conformance with this chapter.

B.

A nonconforming sign shall lose its status as a nonconforming sign if any of the following occurs:

1.

The sign is relocated or replaced;

2.

The structure, height or size of the sign is altered in any way except toward compliance with this chapter. Face changes and normal maintenance are allowed;

3.

The sign structure is damaged or destroyed by more than fifty percent of its value at the time of damage or destruction.

(Ord. No. 1006, § 4(Exh. A), 1-28-2014)

17.75.120 - Definitions.

For purposes of this chapter, the following words and phrases shall have the meanings given below:

"Abandoned sign" means a sign whose message describes the availability of goods or services at a location where such goods or services are no longer available and have ceased to be available for a period of at least sixty days or, in the alternative, a sign which is noncommercial in nature and the content of the sign pertains to a time, event or purpose which has elapsed or expired in the preceding sixty days. Such abandonment shall include negligent or intentional conduct, such as failure to pay taxes or permit fees, or to maintain the sign.

available and have ceased to be available for a period of at least sixty days or, in the alternative, a sign which is noncommercial in nature and the content of the sign pertains to a time, event or purpose which has elapsed or expired in the preceding sixty days. Such abandonment shall include negligent or intentional conduct, such as failure to pay taxes or permit fees, or to maintain the sign.

"Advertising statuary" means a structure or device of any kind or character for outdoor advertising purposes which displays or promotes a particular product or service, but without name identification.

"Animated sign" means an inanimate structure, statue, mannequin, mechanical device using, carrying, or wearing a sign displaying a commercial message, and which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or create visual motion or the appearance of visual motion.

"Approving authority" means the designated initial approver for the sign review required by this chapter, either the planning director, design review board, the city council, or other body as designated by resolution of the city council.

"Banner sign" means a temporary sign made of nonrigid material such as fabric, canvas, plastic or paper, and without an enclosing rigid framework.

"Building sign" means a sign attached to a building and includes, but is not limited to, wall signs, banners, under canopy signs, projecting signs, awning signs, and window signs.

"Channel letter (internally illuminated)" means a dimensional letter with a back, sides and a translucent front face capable of transmitting light from an internal light source within the letter.

"Channel letter (reverse)" means a dimensional letter with a face and sides but no back, opposite to an open faced channel letter. A reverse channel letter has an open channel facing the wall or building to which it is affixed. A reverse channel letter may contain a source of illumination designed to project lighting against the surface behind the letter, commonly referred to as a backlit channel letter; also referenced as a halo or silhouette lighted channel letter. The face of a reverse channel letter does not illuminate.

"Clear view zone" means the area of a corner lot closest to the intersection which must be kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. Typically, such an area is established by marking a point at which the two curb lines intersect, measuring back twenty-five feet on each street front, and drawing a line across the two back points to form a triangulated area.

"Commercial mascot" means a person or animal attired or decorated with commercial insignia, images or symbols, and/or holding signs displaying commercial messages, when a principal purpose is to draw attention to or advertise a commercial enterprise. Includes, but is not limited to, sign spinners and/or twirlers and sign clowns.

"Commercial sign" means any sign, wording, logo, or other representation that names or advertises a business, location, product, service, or other commercial activity.

"Common area" means land within or related to a development not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents and their guests of the development and may include such complementary structures and improvements as are necessary and appropriate.

"Developed lot" means a lot or parcel containing a structure intended for occupancy. It also includes all of the area of a nonresidential use included in a single conditional use permit as long as at least one parcel has a structure intended for occupancy.

"Directional sign" means any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.

"Director" means the planning director of the city of Rocklin or his/her designated representative.

"Electronic message center or sign (EMC)" means an electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. Also known as an EMC. EMCs typically use light emitting diodes (LEDs) as a lighting source.

"Feather sign," "feather banner," or "feather banner sign" means a flexible pole to which one side of a flexible fabric, generally in the shape of a feather or similar shape, is attached, and which is used for the primary purpose of advertising or attention-getting by the public display of visually communicative images. Such banners are also known and sold under names which include, but are not limited to, "quill sign," "banana banner," "blade banner," "flutter banner," "flutter flag," "bowflag," "teardrop banners," and others. The definition includes functionally similar display devices.

"Flag" means a piece of fabric or other flexible material, usually rectangular, of distinctive design, used as a symbol. Includes, but is not limited to, pennants, which are generally triangular in shape.

"Flashing sign" means an illuminated sign in which artificial or reflected light is not intended to be maintained in a stationary or constant intensity. This includes a time and temperature recording device and electronic reader board.

"Freestanding sign" means a sign which is self-supporting in a fixed location or supported on the ground by poles or braces, and not attached to a building or other structure.

"Freeway interchange" means the right-of-way line of freeway ramps. Where improvements are proposed to the interchange, at the discretion of the city engineer, the right-of-way of the proposed interchange may be used for determining eligibility and location for freeway pole signs.

"Holiday decorations" means nonpermanent signs or displays, including lighting, celebrating national, state and local holidays or holiday seasons.

"Holiday shopping season" means that period of time from the third Monday in October through the second Sunday in January of the following year that is the traditional high peak sales period for retail stores.

"Illegal sign" means a sign which is not a nonconforming sign and does not meet the requirements of this chapter.

"Illuminated sign" means any sign utilizing an artificial source of light (internal or external) to enhance its visibility.

"Institutional uses" means churches, day care facilities, private schools, community care facilities, nursing homes and clubhouses, or other facilities owned by a homeowners association.

"Lots along the I-80 freeway" means lots which share a common property boundary with the I-80 freeway or any of its interchanges.

"Lux" means the SI (metric) unit for illuminance. One lux equals 0.093 foot candles.

"Mobile messaging sign" means any off-site sign which is attached to or painted on a vehicle, the principal purpose of which is general advertising.

"New business" means the start of operation of a new business at a given location or the relocation of an existing business to a new location. Change in ownership of an existing business in and of itself shall not constitute a new business.

"Noncommercial sign" means any sign which is not a commercial sign.

"Nonconforming sign" means a sign which, though lawful when erected, would be prohibited under laterenacted changes to the regulations applicable to it.

"Off-site" sign means any sign which advertises goods, products, services, establishment or facilities not sold or offered at the property on which the sign is located.

"Portable sign" means all of the following within this definition: 1) any sign not permanently attached or designed to be permanently attached to the ground or other permanent structure; 2) any sign designed to be transported by means of wheels, skids, runners, or moveable frames; 3) "A frame" or "T frame" signs; 4)

menu and sandwich board signs, or 5) the functional equivalent of any of these categories. Commercial mascots are not within this definition.

"Projecting sign" means a sign which uses a building or structure as its main source of support and contains copy that is perpendicular or at an angle to the building face.

"Real estate sign" means a sign advertising that real property is for sale, lease, or exchange by the owner or his agent, giving directions to the property, and giving the owner's or agent's name, address and telephone number.

"Roof-line" means the line formed by the junction of the top surface of the roof and the outside wall of any building, excluding any structure constructed solely as an architectural feature to extend height or to screen equipment.

"Roof sign" means a sign placed upon, projecting from or extending above the eaves of the roof or the roof itself. A sign hanging from and below the eave is not a roof sign.

"Sign" means a temporary or permanent public display of visible images which, either directly or indirectly, advertises, informs or identifies persons, businesses, commodities, services or ideas by the display of any communicative image or graphic, that attracts attention, when such is visible from any portion of the public right-of-way or from a private right-of-way that is open to public use, or any exterior place which is open to the public. The word "sign" includes, but is not limited to, all writing, trademarks, graphic illustrations and lighting primarily directed at facilitating communication, as well as supporting structures within sign area. Notwithstanding the generality of the foregoing, as applied to this chapter and Chapter 17.80, the following are not within the definition of sign:

1.

Aerial signs or banners towed behind aircraft;

2.

Architectural features: Decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function;

3.

Fireworks, etc.;

4.

Foundation stones and cornerstones;

5.

Grave markers, grave stones, headstones, mausoleums, shrines, and other markers of the deceased;

6.

Historical plaques;

7.

Holiday and cultural observance decorations on private property which are on display in season for not more than forty-five calendar days per year (cumulative, per parcel or use) and which do not include commercial advertising messages;

8.

Inflatable gymnasia. Inflatable, temporary, moveable, gymnasium devices commonly used for children's birthday parties, and similar devices. Also called "party jumps";

9.

Interior graphics. Visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof;

10.

Manufacturers' marks. Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;

11.

Mass transit graphics. Graphic images mounted on duly licensed and authorized mass transit vehicles that legally pass through the city;

12.

Newsracks and newsstands;

13.

Personal appearance. Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, wigs, costumes, masks, etc. (but not including commercial mascots or hand-held signs);

14.

Search lights and klieg lights when used as part of a search and rescue or other emergency service operation; this exclusion does not apply to search lights or klieg lights used as attention attracting devices for commercial or special events;

15.

Shopping carts, golf carts, horse drawn carriages, and similar devices; any motorized vehicle which may be legally operated upon a public road is not within this exclusion;

16.

Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; by way of example and not limitation, such symbols include stained glass windows on churches, carved or bas relief doors or walls, bells, religious statuary, etc.;

17.

Vehicle and vessel insignia. On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, noncommercial messages, and messages relating to the proposed sale,

lease or exchange of the vehicle or vessel;

18.

Vending machines, automated intake devices and product dispensing devices which do not display offsite commercial messages or general advertising messages;

19.

Window displays. The display of merchandise in a store window, when such merchandise is offered to the public for sale.

"Sign area" means the following: The sign area of a sign with borders and/or background, or the total of the individual letters and graphics comprising the sign message, is measured by the use of one or more standard geometric shapes enclosing the exterior limits of the border, background, or letters and graphics. The necessary supports, uprights or base upon which the sign is placed shall be excluded from the sign area. The sign area of an individually lettered sign without background is measured by enclosing the entire sign with a set of parallel vertical and horizontal lines. Individual graphics incorporated into the sign display shall be measured by a single continuous perimeter enclosing the exterior limits of the graphic. In computing the area of double-faced signs less than two feet distance between faces only one side of the sign shall be computed as the total area.

"Sign face change" means any changes to the letter style, size, color, background or message, but not including a change in the sign's location, height or an increase in the sign area.

"Sign height" means the vertical distance measured from the highest point of the sign to the upper surface of the grade beneath the sign. For signs which are oriented toward and located within one hundred feet of the freeway, located on parcels contiguous to I-80 or Highway 65, sign height shall be the vertical distance measured from the highest point of the sign to the upper surface of the center line of the nearest freeway travel lane, excluding freeway ramps.

"Special advertising devices" means balloons, feather banner sign, mobile messaging sign, pennants and other physical devices used for advertising as approved by the planning director.

"Special event sign" means any sign which advertises special events and activities including grand openings/closings, carnivals, parades, charitable events, sales including promotional sales, change of business address, change of ownership or lessee, business anniversaries, seasonal events, Christmas tree or other holiday oriented lots, public events that take place in the city, or any sign identifying a single onetime or infrequently occurring event that is outside of the normal activities of the responsible parties.

"Street frontage" means the horizontal distance of a lot or portion thereof which abuts a public or private street.

"Temporary sign" means a sign intended to display either commercial or noncommercial messages of a transitory or temporary nature, which by virtue of its construction from lightweight or flimsy materials, and its installation with ordinary hand tools, is not physically suitable or intended for long term display, including, but not limited to pennants, banners, streamers, or similar attention getting devices.

"Tenant building frontage" means the horizontal distance of a building or portion thereof occupied by a tenant measured along a wall facing a street, parking area, open space or pedestrian walkway.

"Under canopy sign" or "under marquee sign" means a sign attached to the underside of a canopy or marquee.

"Useful life" means the period of time over which a sign may reasonably be expected to be useful to the owner of a sign in his or her trade or business or in the production of income. Signs within the scope of Business and Professions Code 5490 are presumed to have a useful life of fifteen years. For all other permanent signs, when a sign manufacturer's estimate of useful life is available, that may be presumed to be accurate, unless there is contrary evidence.

"Window sign" means a sign attached to, placed or painted upon, or placed within eighteen inches of, the window or glass door of a building, and/or is solely intended for viewing from the exterior of such building.

(Ord. No. 1006, § 4(Exh. A), 1-28-2014)

17.75.130 - Violation—Penalty.

A.

It is illegal to use, occupy or maintain property in violation of this chapter.

B.

Violation of this chapter shall be a misdemeanor, but may be charged as either a misdemeanor or an infraction in the discretion of the prosecuting attorney.

C.

If charged as an infraction, the minimum penalty for a first conviction is a fifty-dollar fine. For a second conviction within one year, the minimum penalty is a seventy-five-dollar fine. For a third or subsequent conviction within one year, the minimum penalty is a one-hundred-dollar fine.

D.

A person who violates the provisions of this chapter is guilty of a separate offense for each day, or portion thereof, during which the violation continues.

E.

Violation of this chapter which threatens to be continuing in nature is a public nuisance which may be abated or enjoined as such in accordance with Chapter 8.04 or any other provision of law.

(Ord. No. 1006, § 4(Exh. A), 1-28-2014)

A.

Responsibility for Securing Permits. It shall be the duty of the contractor or person who erects, installs, paints, constructs or alters a sign to secure all necessary permits for such work. It shall be the responsibility of the property owner and/or lessee to assure that the contractor is properly licensed and bonded, and that the contractor secures all necessary permits. No sign contractor shall install a sign for which a permit is required unless such permit has been duly issued before construction work begins. A sign permit shall not be issued unless the sign contractor's name and contact information appears on the permit application.

B.

Identification Label. All permanent signs installed by sign contractors have attached to them an identification label, not over four square inches in size, which lists the following information: installed by (contractor's name), city permit number, electrical current, month and year erected. Said label shall not exceed four square inches. Said label, and all other labels, shall be placed as directed by the planning director.

C.

Violations by Sign Contractors. Wherever a sign violation has occurred, it shall be the duty of the planning director to determine what sign contractor, if any, performed the sign work. The following procedure shall be followed in pursuing sign contractors installing signs for which a valid permit has not first been secured:

1.

First Violation. A letter shall be sent by certified mail to the sign contractor setting forth the city's requirements for sign permits and indicating that future violations will result in a complaint being filed with the contractors' state license board and/or legal action being taken against said contractor.

2.

Second Violation. An administrative citation shall be issued, and a complaint shall be filed with the contractors' state license board and a copy of such complaint shall be sent to the sign contractor with a letter indicating that legal action may be taken if further violations occur. All correspondence shall be by certified mail.

3.

Third and Subsequent Violations. A second administrative shall issue or other legal action may be taken against the contractor, using any method authorized by law.

(Ord. No. 1006, § 4(Exh. A), 1-28-2014)

Chapter 17.76 - FENCES AND WALLS

Sections:

Fences and walls may be erected in all residential zones as follows:

A.

Within the required front yard setback area of all residential lots fences and walls may be erected to a height not exceeding thirty inches as measured from finished grade, except as allowed in Section 17.76.030.

B.

Within the required street side yard setback area of reverse corner lots (as defined in Section 16.08.187) fences and walls may be erected to a height not exceeding thirty inches as measured from finished grade.

C.

Outside of the required front yard setback area of interior and corner lots fences and walls may be erected along and inside the interior side, street side, and rear property lines to a height not exceeding six feet as measured from finished grade.

D.

Outside of the required front yard or street side yard setback areas of reverse corner lots (as defined in Section 16.08.187) fences and walls may be erected along and inside the interior side and rear property lines and inside the line that forms the interior boundary of the street side setback to a height not exceeding six feet as measured from finished grade. See Figure 17.76.011.

17.76.011 - Lot fencing figure.

==> picture [480 x 378] intentionally omitted <==

A STREET

(Ord. No. 977, Exh. B, B8., 10-11-2011)

Fences and walls may be erected in all nonresidential zones as follows:

A.

Within the required front yard setback area and the required street side yard setback area, as applicable, of nonresidential lots fences, and walls may be erected to a height not exceeding thirty inches as measured from finished grade, except as allowed in Section 17.76.030.

B.

Outside of the required front yard setback area and the required street side yard setback area, as applicable, of nonresidential lots fences, and walls may be erected along and inside the interior side and rear property lines and inside the line that forms the interior boundary of the street side setback to a height not exceeding eight feet as measured from finished grade.

(Ord. No. 977, Exh. B, B8., 10-11-2011)

17.76.030 - Exceptions and deviations.

A.

Within the required front yard setback area and the required street side yard setback area, as applicable, of residential lots located within the Rural Estate (RE), Rural Agricultural (RA), and multi-family residential zone districts, and all lots in nonresidential zone districts a decorative, nonsolid, tubular metal fence that is designed to allow visibility through and between the fence members may be erected to a maximum height of six feet.

B.

The height limits specified in Sections 17.76.010 and 17.76.020 may be exceeded when authorized by an approved conditional use permit.

C.

Notwithstanding the provisions of [Section] 17.76.010, a six-foot fence may be located within the street side yard setback of a reverse corner lot, subject to the approval of the planning director, when he/she can make the required findings that the installation of the fence within the setback is not detrimental to the health, safety, or general welfare of the residents of the city of Rocklin, and that the circumstances presented create a traffic/pedestrian interface that is substantially similar to typical residential lots.

1.

The finding shall be based upon the unique circumstances of the layout of the fences, driveways, and relevant features of the applicant's lot and the lot(s) adjacent to the applicant's lot. Factors which could affect the ability to make the required findings include, but are not limited to:

The topography of and /or grade differential between the affected lots;

The existence of retaining walls and/or the need for retaining walls which may affect sight distance;

The presence of unusual road curvatures;

The location of the driveway on the lot adjacent to the reverse corner lot fence;

Other physical circumstances that would create an inability to comply with standard visibility requirements.

2.

Applications requesting that an administrative variance be issued by the director for a reverse corner lot fence location exception under this section shall be submitted on an application form provided by the city, and shall include at a minimum the name and contact information of the applicant, the site address and assessor's parcel number, a description of the type of fencing to be used and the proposed location. The application shall also include a site plan graphically depicting the proposed location of the fence.

3.

Findings and final determinations made by the planning director may be appealed to the planning commission as set forth in Chapter 17.86.

(Ord. No. 977, Exh. B, B8., 10-11-2011; Ord. No. 998, § 2, 10-8-2013)

17.76.040 - Intersection height restriction.

Notwithstanding Sections 17.76.010, 17.76.020 and 17.76.030, no fence, wall, or other structure may be erected that is not consistent with the Visibility Requirements contained in the City of Rocklin, Construction Specifications, Improvement Standards, and Standard Drawings approved by the City Council. (Staff Report Attachment 2)

(Ord. No. 977, Exh. B, B8., 10-11-2011)

17.76.050 - Materials.

Fences and walls may be constructed of:

A.

Wood;

B.

Masonry;

C.

Metal;

D.

Chain link (see Section 17.76.055);

E.

Wire (including barbed wire), only when used to enclose livestock as defined in the Rocklin Municipal Code § 6.04.130;

F.

Decorative, tubular metal fencing. All tubular fencing shall be dark colored and have a smooth horizontal rail on top, pointed or open rod topped styles are prohibited;

G.

Such other material as may be approved by the community development director.

(Ord. No. 977, Exh. B, B8., 10-11-2011)

17.76.055 - Chain link fencing rules.

A.

Chain link fencing, with or without slats, may be used in commercial and industrially zoned areas when approved as part of a design review entitlement.

B.

Chain link fencing, with or without slats, may be used in residential zone districts along interior side or rear lot lines but it may not be used in or along front or street side yards or be visible from the public right-ofway.

C.

Chain link fencing that existed on the effective date of the ordinance codified in this title it shall be treated as follows:

1.

In a commercial or industrial zone district in where chain link fencing that had not been approved via a design review entitlement but was otherwise permitted may remain and be maintained.

2.

In a residential zone district in where chain link fencing existed along a front or street side yard or was otherwise visible from the public right of way may remain and be maintained. However, when said chain link fencing is replaced an alternative fencing material as set forth in Section 17.76.050 must be used.

(Ord. No. 977, Exh. B, B8., 10-11-2011)

Chapter 17.77 - OAK TREE PRESERVATION

Sections:

By enacting this chapter of the Rocklin Municipal Code, to be known as the Rocklin Oak Tree Preservation Ordinance the city council finds that oak woodlands constitute a valuable natural resource within the city. They provide habitat for wildlife; they contribute to the city's beauty and varied scenery; they provide shade in parks as well as in developed areas; and they enrich soils and protect watersheds and streams from erosion. Oak woodlands have declined substantially in extent and quality, both locally and regionally. They are continuing to decline under pressures of range forage improvement, flood control, fire suppression and urbanization. The goal of this chapter is to address the decline of oak woodlands due to urbanization through a considered attempt to balance against the social benefits of private property ownership and development. To reach this goal, this chapter implements a comprehensive design review process for new development, offers incentives for oak tree preservation, and provides feasible alternatives and options to removal where practicable. This chapter is enacted in furtherance of Rocklin General Plan/Open Space Conservation and Recreation Element Policies 1 and 4.

(Ord. 676 § 8 (part), 1993).

Within the context of this chapter, the following words and phrases shall have the meaning given below, unless otherwise specifically provided:

A.

"Developed lot" means the following:

1.

A lot zoned for single-family, duplex or triplex development, and subdivided down to its ultimate size consistent with the zone, with or without on-site improvements, but with completed subdivision improvements;

2.

A lot zoned for multifamily, commercial or industrial use for which all discretionary entitlements, as well as design review approval under Chapter 17.72, have been approved and are effective. "Developed lot" shall not mean any lot which otherwise meets the requirements of this paragraph, but for which another discretionary entitlement, or a modification to an existing entitlement is being requested. Such lots shall be treated as undeveloped lots under this chapter.

B.

"Guidelines" means the oak tree preservation guidelines adopted pursuant to Section 17.77.100 of this chapter.

C.

"Heritage tree" means any oak tree with TDBH of twenty-four inches or more and which is of good or fair quality in terms of health, vigor of growth and conformity to generally accepted horticultural standards of shape for its species.

D.

"Oak tree" or "tree" means an oak tree with a TDBH of six inches or more and of a species identified in the oak tree preservation guidelines by resolution of the city council as native to the Rocklin area.

E.

"Property" means a lot or contiguous or noncontiguous lots, which, taken together, are proposed for development of a single project, whether or not phased.

F.

"Removed," with reference to an oak tree, means the physical removal of the tree from the ground or the wilful injury, trimming, disfiguring or other harmful action which leads directly to physical removal or creates

such a condition that makes disease likely or results in a significant risk of injury to persons or property.

G.

"Surveyed trees" means all trees which are included in the arborist's tree survey required for a proposed project and are not located within an existing or proposed open space and conservation easement.

H.

"TDBH" means trunk diameter of an oak tree at breast height, which is a point located four and one-half feet above the root crown. TDBH of multi-trunk trees shall be the TDBH of the largest trunk only.

I.

"Transplanted trees" means a tree which is moved from a field grown location and replanted in a new location. Transplanted trees are not nursery grown container plants.

J.

"Undeveloped property" means any property or lot which is not a developed lot.

(Ord. 746 § 1, 1996; Ord. 676 § 8 (part), 1993).

17.77.030 - Prohibition.

No person shall remove an oak tree located wholly or partially within the city unless the requirements of this chapter are fully met and a permit has been obtained from the director.

(Ord. 676 § 8 (part), 1993).

17.77.040 - Developed lot—Removal of oak tree—Permit.

A.

No oak tree shall be removed from a developed lot without first obtaining from the director an oak tree removal permit.

B.

The director shall prepare and issue a form for making application for an oak tree permit. The form shall require the following information:

1.

Condition of the tree;

2.

Plot plan of the lot;

Reason and objective for removal;

4.

Signature of the owner of the property on which the tree is located requesting or consenting to the removal;

5.

Any other information as determined by the director to be necessary or convenient to evaluate the request.

C.

Application for an oak tree removal permit shall be made by filing a completed application form with the director.

D.

Within ten days of receipt of the application, the director or his authorized representative shall meet with the applicant to discuss the proposed tree removal and investigate alternative means to obtain the objective while minimizing the impact on the tree. One meeting shall be mandatory; additional meetings may be held if mutually agreed.

(Ord. 676 § 8 (part), 1993).

17.77.045 - Developed lot—Removal of oak tree—Single-family, duplex and triplex.

A.

With respect to tree removal applications for single-family residential, duplex or triplex developed lots, the director shall issue the permit after conclusion of the meetings described in Section 17.77.040(D), unless the applicant voluntarily withdraws the application.

B.

If the applicant does not withdraw the application and the permit is to be issued, the applicant shall be required to mitigate the impact of the tree removal as described below:

1.

If the director determines that the tree is dead or diseased to such an extent, or is in such a manner that the tree poses a risk of injury to person or property, no mitigation shall be required.

2.

If the director determines that the tree is healthy, the applicant shall mitigate removal of the tree in one or a combination of the following ways, at the applicant's option:

a.

Replacing each heritage oak tree removed with five trees on site, and each nonheritage tree removed with two trees on site; provided, that the maximum number of replacement trees required to be planted on any

one lot shall not exceed five. The species, size and planting location of the replacement trees shall be in accordance with the guidelines;

b.

Payment of a fee for each tree removed in an amount set by resolution of the city council into the Rocklin oak tree preservation fund.

(Ord. 676 § 8 (part), 1993).

17.77.047 - Developed lot—Removal of oak tree—Multifamily, commercial and industrial.

With respect to applications for a tree removal permit for multifamily, commercial or industrial developed lots, the director shall take action on the application at the conclusion of the meeting described in Section 17.77.040(D) in one of the following ways:

A.

If the director determines that the tree proposed for removal is healthy, the permit shall be denied.

B.

If the director determines that the tree is dead or diseased to such an extent or in such a manner that the tree poses a risk of injury to persons or property, the permit shall be issued, and the applicant shall be required to mitigate the impact of the tree removal in one or a combination of the following ways, at the option of the director:

1.

Replacing each tree removed with one tree on site, the species, size and planting location of the replacement tree to be in accordance with the guidelines;

2.

Payment of the fee for each tree removed in an amount set by resolution of the city council into the Rocklin oak tree preservation fund.

(Ord. 676 § 8 (part), 1993).

17.77.050 - Undeveloped property—Tree preservation plan permit.

A.

Preservation and removal of healthy oak trees from undeveloped property shall be addressed in the development application review process, and shall be governed by the guidelines adopted under Section 17.77.100. Removal of oak trees from undeveloped property shall require mitigation.

B.

No healthy oak tree shall be removed from such property until the review process is completed and a tree preservation plan permit has been issued.

C.

Application for a tree preservation plan permit shall be made on forms issued by the director. Completed applications shall be filed, processed and acted upon as part of the project development application.

D.

The body issuing a tree preservation plan permit shall require mitigation for the removal as a condition of the permit and approval of the project. Required mitigation shall be governed by Sections 17.77.070 and 17.77.080 and the guidelines.

E.

A bond or other security instrument in an amount not less than ten thousand dollars shall be required as a condition of issuance of the permit to protect those trees identified for preservation during the construction period. The form and amount of the security instrument shall be specified by the permit issuing body and approved by the city attorney. No grading or other on-site work shall be permitted until the security is posted.

F.

Notwithstanding any other provision of this section, a property owner may apply for an oak tree removal permit to remove a dead, dying or diseased oak tree from an undeveloped property where no tree preservation plan permit is pending.

1.

With respect to applications for a tree removal permit for dead, dying or diseased trees on undeveloped lots, the director shall take action on the application at the conclusion of the meeting described in Section 17.77.040(D) in one of the following ways.

a.

If the director determines the oak tree is dead, dying or diseased to such an extent or in such a manner that the tree poses a risk of injury to persons or property, the oak tree removal permit shall be issued. No mitigation shall be required for removing a dead, dying or diseased tree from an undeveloped property.

b.

If the director determines that the oak tree is not dead, dying or diseased the application shall be denied.

(Ord. 676 § 8 (part), 1993).

Notwithstanding any other provisions of this chapter to the contrary, the director may authorize the immediate removal of any oak tree upon the written request of the owner or other person in legal possession of the property and upon making a determination that the tree, because it is dead or diseased, poses an immediate risk of injury to persons or property which risks cannot feasibly be removed in any

other manner. The owner thereafter shall be required to mitigate the tree removal in accordance with the provisions of this chapter.

(Ord. 676 § 8 (part), 1993).

All required tree mitigation shall conform to the guidelines and the following policies:

A.

On-site mitigation through native oak tree replacement is the preferred mitigation method.

B.

The location and condition under which replacement trees are planted must be carefully selected to allow for practicable and feasible future development to minimize the likelihood that future tree removal is not required, and to maximize the likelihood that the replacement trees will survive and thrive.

C.

The ideal age and size of a replacement tree shall be as specified in the guidelines.

D.

Transplanted trees, whether from on-site or off-site, may be accepted as replacement trees, but shall be given a discounted value, as specified in the guidelines, based on anticipated survival rates, as compared with nursery stock. The discounted value specified in the guidelines shall be reviewed from time to time.

E.

Any replacement tree, including a transplanted tree, which dies within five years of being planted must be replaced on a one to one basis.

F.

Where mitigation formulas use percentages, results will always be rounded up to the next whole number percentage.

(Ord. 676 § 8 (part), 1993).

Tree mitigation for undeveloped property shall conform to the following policies:

A.

On property zoned B-P; C-1, 2, 3, 4; C-H; M-1, 2 or an equivalent PD zone, no fee payment, tree replacement, or land dedication will be required as mitigation for oak tree removal. In these zones, the following incentives shall be applied, upon request:

1.

Projects which save twenty-five percent or more of the surveyed oak trees shall receive expedited processing by the community development department.

2.

Defer city traffic mitigation and capital facilities fees as follows:

a.

Saving twenty-five percent to forty-nine percent of the surveyed oak trees defers fee payment for three months.

b.

Saving fifty percent to seventy-four percent of the surveyed oak trees defers fee payment for six months.

c.

Saving seventy-five percent to ninety-nine percent of the surveyed oak trees defers fee payment for nine months.

d.

Saving one hundred percent of the surveyed oak trees defers fee payment for twelve months.

B.

For all zones other than those identified in subsection A, above, the following mitigation requirements shall apply:

1.

Where not more than twenty percent of the TDBH of all the surveyed oak trees, and not more than twenty percent of the total number of surveyed oak trees on the property are to be removed, each tree shall be replaced on a two-to-one tree replacement ratio (two trees planted on-site for each tree removed).

2.

Where more than twenty percent of the TDBH of all the surveyed oak trees or more than twenty percent of the total number of surveyed oak trees on the property are to be removed, each inch of TDBH removed in excess of twenty percent of the TDBH of all the surveyed oak trees shall be replaced with an equal number of inches of TDBH of replacement trees, but in no event shall the number of replacement trees be less than twice the number of trees removed (two to one).

3.

The species, size and planting location of the replacement trees shall be in accordance with the guidelines.

Where on-site replacement is not feasible, mitigation shall be by off-site replacement, land dedication or payment of a fee in an amount set by resolution of the city council into the Rocklin oak tree preservation fund. Where partial mitigation is by on-site or off-site replacement, or land dedication, the fee shall be appropriately prorated.

(Ord. 763 § 1, 1997; Ord. 746 § 3, 1996: Ord. 676 § 8 (part), 1993).

17.77.090 - Rocklin oak tree preservation fund.

A.

There is within the city treasury a separate fund to be known as the Rocklin oak tree preservation fund.

B.

There shall be deposited in the fund all fees paid in connection with the mitigation of trees removed under this chapter or otherwise, plus any moneys received from bond forfeitures and enforcement actions to the extent allowed by law.

C.

The council shall transfer from the general fund to the oak tree preservation fund a total amount of thirty thousand dollars. The transfer shall be in three ten thousand dollar increments and shall be made with the adoption of the city budget in each of the three succeeding fiscal years following the effective date of the ordinance codified in this chapter, enacting this chapter; provided, that if the council, in its sole discretion, finds that the transfer should not be made in any one or more of those fiscal years due to budgetary constraints, the transfer for that year shall be postponed as directed by the council.

D.

Expenditures from the fund shall be limited to the following: (1) acquisition of land deemed appropriate for oak tree reforestation; (2) acquisition, planting and maintenance of oak trees; (3) compensation of arborists retained by the city in connection with the administration of this chapter and any related program; (4) oak tree preservation educational programs; (5) administration and enforcement of this chapter.

(Ord. 676 § 8 (part), 1993).

17.77.100 - Oak tree preservation guidelines.

A.

The council shall adopt, by resolution, guidelines to aid in the administration and implementation of this chapter, to be known as the Rocklin oak tree preservation guidelines.

B.

The guidelines shall address each of the following issues:

A tree removal permit application process for the review of tree removal proposals on developed lots;

2.

A tree preservation plan permit application process for the review of development proposals of undeveloped property;

3.

A method of determining the amount of a bond or other security instrument required by Section 17.77.050(C) to guarantee protection of all oak trees designated for preservation during the project construction period;

4.

Required mitigation for tree removal on undeveloped property consistent with and as more fully described in Sections 17.77.070 and 17.77.080;

5.

Requirement that special attention be given to the preserving of heritage oak trees;

6.

A list of native and hybrid oaks recommended as replacement trees;

7.

Any other issues the council deems appropriate relating to oak tree preservation.

(Ord. 676 § 8 (part), 1993).

A.

Violation of this chapter shall be punishable as a misdemeanor or an infraction at the discretion of the city attorney.

B.

In addition to the provisions of subsection A of this section, violation of this chapter for failure to obtain a tree removal or tree preservation plan permit prior to removing a tree shall be punishable by an order for restitution and/or the payment of triple mitigation fees.

C.

In addition to the provisions of subsection A of this section, violation of the terms or conditions of a tree removal or tree preservation plan permit shall be punishable by forfeiture of the security provided under Section 17.77.050(D), and order for restitution.

(Ord. 676 § 8 (part), 1993).

Chapter 17.78 - LARGE ANIMALS

Sections:

Large animals (excluding common household pets governed by Sections 6.44.050 and 6.44.060 of this code, which are not regulated by this chapter) are permitted in certain single-family residential zones where there is sufficient space to accommodate them, subject to the provisions of this chapter. In some zones, only horses are permitted. Domestic swine are permitted as household pets as provided in Title 6. No large animals may be kept on property where there is not an occupied single-family residence on the property unless a conditional use permit has been issued by the planning commission, but shall not exceed the number permitted on occupied premises without a conditional use permit. Notwithstanding the foregoing, goats and sheep are allowed in any zone of the city for the purpose of temporary grazing, provided, however, a grazing permit has been issued pursuant to Section 6.36.050 and the animals are kept consistent with the city's weed abatement and open space management grazing program.

(Ord. 663 § 2, 1992: Ord. 370: Ord. 336 § 7.07.000, 1977).

(Ord. No. 1103, § 3, 8-28-2018)

17.78.020 - Horse-only zones RE-1, RE-2, RE-30.

Horses, but no other large quadrupeds, are permitted in the following zones in the following numbers:

A.

RE-30, one horse where the lot is not less than thirty thousand square feet, and two horses where the lot area is one acre net or greater.

B.

RE-1 acre, one horse where the lot is not less than thirty thousand square feet, and two horses where the lot area is one acre net or greater.

C.

RE-2 acre, three horses.

Additional horses may be kept on lots in excess of one acre net, in a number to be determined by the planning commission, where there is an occupied single-family dwelling on the premises. A conditional use permit is required for the keeping of additional horses.

(Ord. 336 § 7.07.010, 1977).

17.78.030 - RA-3, RA-5, RA-10 zones.

Large quadrupeds, including horses, are permitted in the following zones in the following numbers:

A.

RA-3, four mature animals and their immature offspring (not to exceed twelve animals in total).

B.

RA-5, five mature animals and their immature offspring (not to exceed fifteen animals in total).

C.

RA-10, six mature animals and their immature offspring (not to exceed fifteen animals in total).

Additional animals may be kept, in a number to be determined by the planning commission, where there is an occupied single-family dwelling on the premises. A conditional use permit is required for the keeping of additional animals.

(Ord. 336 § 7.07.020, 1977).

Chapter 17.79 - ADULT RELATED BUSINESSES[[4]]

Sections:

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 946, § 3, adopted Apr. 14, 2009, amended the former Ch. 17.79, §§ 17.79.010— 17.79.040, and enacted a new Ch. 17.79 as set out herein. The former Ch. 17.79 pertained to location of sex oriented businesses and derived from Ord. 336 §§ 7.08.000—7.08.030, 1977; Ord. 464 § 1 (part), 1982; Ord. 581 § 42, 1988.

The city council finds that adult entertainment businesses, because of their very nature, have objectionable and deleterious operational characteristics and effects on adjacent areas, particularly when located in close proximity to each other and when located in close proximity to residentially zoned or used property. Special regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent the concentration or clustering of these businesses in any one area.

(Ord. No. 946, § 3, 4-14-2009)

For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this section.

A.

"Adult live entertainment theater" means any place, building, enclosure or structure, partially or entirely used for "live adult entertainment," as defined in this section, performances or presentations characterized by an emphasis on depicting, exposing, displaying, or describing or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity" for observation by patrons or customers therein. "Live adult entertainment" means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performer(s) expose to public view without opaque covering "specified anatomical areas" or appear in a "state of nudity" or a "state of partial nudity" for any form of consideration.

B.

"Adult motion picture" or "video arcade" means any business where coin, paper, note, token, or credit card, debit card-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to four or fewer persons per machine, at any one time, and where the predominant character or theme of the images so displayed is distinguished or characterized by its emphasis on matters depicting, or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity." For purposes of this chapter, motion pictures receiving up to an "NC17" rating from a generally recognized movie rating organization shall not be deemed to be included in the definition of an adult motion picture or video arcade.

C.

"Adult motion picture theater" means any business, other than a hotel or motel which regularly provides closed-circuit viewing to each individual room as a secondary service to its hotel or motel customers, with the capacity for five or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions in which the predominant character and theme is distinguished or characterized by its emphasis on matters depicting or relating to "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity" as defined in this section, are regularly shown. This includes, without limitation, showing any such slides, motion pictures or videos by means of any video tape system which has a display, viewer, screen, or a television set. For purposes of this chapter, motion pictures receiving up to an "NC17" rating from a generally recognized movie rating organization shall not be deemed to be included in the definition of an adult motion picture theater.

D.

"Adult related business" means any establishment, business or concern which, as a regular course or conduct of the business, offers or engages in the display of "specified anatomical areas," "specified sexual activity," or men and/or women in a "state of nudity," or "state of partial nudity," as defined in this section, by patrons, employees or anyone on the premises, and includes without limitation the following types of establishments:

Adult Related Book and Video Store. An "adult related book and video store" means an establishment, business or concern with more than twenty-five percent of its total floor display area devoted to and offering for sale or rent, stock-in-trade consisting of adult related book and video products, or an establishment where twenty-five percent or more of the retail or wholesale value of merchandise displayed or offered for sale or rent consists of adult related book and video products. The term "adult related book and video products" means books, magazines, periodicals or other printed matter, paintings, sculptures, photographs, drawings, motion pictures, slides, films, tapes, video cassettes, records, DVD, CD-ROM, or other visual or audio representations or any material in digital format, which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

2.

Adult Related Sexual Device Store. An "adult related sexual device store" means an establishment, business or concern which sells, rents, displays, exhibits or offers for sale any of the following products:

a.

Instruments, devices or paraphernalia which are designed or reasonably intended to be used in connection with "specified sexual activities"; or

b.

Goods which are replicas of, or which simulate "specified anatomical areas," or goods designed or reasonably intended to be placed on or in "specified anatomical areas" or reasonably intended to be used in conjunction with "specified sexual activities." Such goods include, but are not limited to, devices that are physical representations of the human genital organs, and devices with non-sex related utility being marketed or offered for sale or rent in a manner promoting sexual or sadomasochistic uses, including, but not limited to, leather whips, straps, harnesses, restraints and ligatures.

The following items are expressly not included within the definitions in this section: (1) devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy; (2) candles and incense; (3) body oils, creams and lotions; (4) lingerie, stockings and undergarments; (5) massage devices that are not replicas of human genital organs; (6) health care or personal hygiene products; and (7) food products.

3.

"Sexual encounter center" means any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

4.

"Adult live entertainment theater" as the term is defined in this section.

5.

"Adult motion picture" or "video arcade" as the term is defined in this section.

"Adult motion picture theater" as the term is defined in this section.

E.

"Chief of police" means the chief of police or his/her designee.

F.

"City manager" means the city manager or his/her designee.

G.

"Employ," "employee," and "employment" describe and pertain to any person who performs any service on the premises of an adult entertainment establishment, on a full time, part time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, or otherwise. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

H.

"Establish" means and includes any of the following:

1.

The opening or commencement of any adult related business as defined in this section;

2.

The conversion of an existing business, whether or not an adult related business, to any adult related business as defined in this section;

3.

The relocation of any adult related business; or

4.

The addition of any of the "adult related businesses" defined in this section to any other existing adult related business.

I.

"Exceptions." An "adult related business" shall not include:

A.

Bona fide medical establishments operated by properly licensed and registered medical and psychological personnel with necessary medical or professional credentials for the treatment of patients; or

B.

Persons depicting "specified anatomical areas" in a modeling class operated:

1.

By a college, junior college, or university supported entirely or partially by public revenue;

2.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partially by public revenue; or

3.

In a structure operated either as a profit or not-for-profit facility which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, and where, in order to participate in a class a student must enroll at least three days in advance of the class.

J.

"Figure modeling" or "modeling studio" means any business featuring a live person displaying "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity," as defined in this section, for compensation, whether monetary or any other form of consideration and for the purpose of being observed, sketched, photographed, painted, sculpted, or otherwise depicted. "Figure modeling" or a "modeling studio" does not include an artist studio or similar facility owned, operated or maintained by an individual artist or group of artists which is not open to the public and does not provide, permit or make available for viewing "specified sexual activities" on the premises.

K.

"Nudity" or "state of nudity" means the showing of the human male or female genitals, pubic area or anus, with less than a fully opaque fabric covering, the showing of the female breast with less than a fully opaque fabric covering of any part of the nipple and areola, or the showing of completely or opaquely covered (by fabric) male genitals in a discernibly turgid state.

L.

"Operate" means to own, lease (as lessor or lessee), rent (as landlord or tenant or as agent for the purpose of representing a principal in the management, rental or operation of the property of such principal), manage, conduct, or direct an adult related business.

M.

"Operator" means and includes the owner, custodian, manager or person in charge of any adult related business.

N.

"Partial nudity" means a state of dress in which clothing covers less than the genitals, pubic region, buttocks and nipple, areola and lower portion below the lowest point of the areola of the female breast. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, provided that the areola is not exposed in whole or in part.

O.

"Regularly features," "regularly shown," "regular basis" or "regularly" means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the business.

P.

"Religious institution" means any church, synagogue, mosque, temple, or building which is used primarily for religious worship, religious education incidental thereto and related religious activities. Religious institution as used herein, shall not include an office or other building owned or operated by a bona fide religious institution used for administrative or related purposes, and not primarily used for assembly or educational purposes.

Q.

"School" means any public or private educational facility primarily attended by minors, including large family day care homes, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, and special education schools, and includes school grounds.

R.

"Specified anatomical area" includes the following:

1.

Less than completely and opaquely covered human genitals, pubic region, anus, and/or the female nipple and breast below a point immediately above the top of the areola; and

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

S.

"Specified sexual activity" includes the following:

1.

Actual or simulated sexual intercourse, oral copulation and intercourse oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually

oriented acts or conduct: anilingus, sodomy, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism;

2.

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

3.

Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;

4.

Fondling or touching of human genitals, pubic region, buttocks or female breast;

5.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

6.

Erotic or lewd touching, lewd fondling or other lewd contact with an animal by a human being; or

7.

Human excretion, urination, menstruation, vaginal or anal irrigations.

T.

"Zoning district" means the zoning designation on the city zoning map or the corresponding designation on the general plan land use map.

(Ord. No. 946, § 3, 4-14-2009)